factual

What specific Hawaii law is referenced in the amendments to the Deer Solution Franchise Agreement?

Deer_Solution Franchise · 2025 FDD

Answer from 2025 FDD Document

ce on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

IN WITNESS WHEREOF, the parties have duly executed and delivered this California State amendment to the Deer Solution Franchising LLC Franchise Agreement on the same date as the Franchise Agreement was executed.

Deer Solution Franchising LLC Franchisor: Franchisee:
Signature Signature
Name and Title (please print) Name (please print)
Dated Dated

HAWAII FRANCHISE AGREEMENT AMENDMENT

Amendments to the Deer Solution Franchise Agreement

In recognition of the requirements of the Hawaii Franchise Investment Law, the undersigned agree to the following modifications to the Deer Solution Franchising LLC Franchise Agreement (the "Franchise Agreement"), as follows:

  1. Sub-Article 14.C.(6). Sub-article 14.C.(6), under the Article section titled "Conditions for Approval of Transfer," is supplemented by the addition of the following language:

; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Hawaii Franchise Investment Law, shall remain in force; it being the intent of this provision that the non-waiver provisions of the Hawaii Franchise Investment Law be satisfied; and

The Hawaii Franchise Investment Law provides rights to the franchisee concerning non-renewal, termination, and transfer of the Franchise Agreement. If this Sub-article contains a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control.

  1. Sub-Article 15.B.(8). Sub-article 15.B.(8), under the Article section titled "Conditions for Renewal," is supplemented by the addition of the following:

; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Hawaii Franchise Investment Law, shall remain in force; it being the intent of this provision that the non-waiver provisions of the Hawaii Franchise Investment Law be satisfied; and

The Hawaii Franchise Investment Law provides rights to the franchisee concerning non-renewal, termination, and transfer of the Franchise Agreement. If this subarticle contains a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control.

    1. No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
    1. Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Hawaii Franchise Investment Law are met independently without reference to this amendment.

Source: Item 23 — RECEIPTS (FDD pages 55–246)

What This Means (2025 FDD)

According to Deer Solution's 2025 Franchise Disclosure Document, the amendments to the franchise agreement specifically reference the "Hawaii Franchise Investment Law". This law is relevant to franchisees in Hawaii because it provides certain rights concerning the non-renewal, termination, and transfer of the Deer Solution Franchise Agreement.

The amendment clarifies that if any provision within the franchise agreement is inconsistent with the Hawaii Franchise Investment Law, the state law will take precedence. This ensures that franchisees retain all rights and causes of action available to them under the Hawaii Franchise Investment Law, particularly regarding non-waiver provisions.

Furthermore, the amendment stipulates that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under any applicable state franchise law, including claims related to fraud in the inducement, or disclaim reliance on statements made by Deer Solution. This provision is designed to protect franchisees and supersedes any conflicting terms in other documents related to the franchise agreement. The amendment is effective only to the extent that the jurisdictional requirements of the Hawaii Franchise Investment Law are independently met.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.