What law is the Dryer Vent Squad Hawaii Franchise Agreement Amendment designed to comply with?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
HAWAII FRANCHISE AGREEMENT AMENDMENT
Amendments to the Dryer Vent Squad Franchise Agreement:
In recognition of the requirements of the Hawaii Franchise Investment Law, the undersigned agree to the following modifications to DVS Holdings, Inc.Franchise Agreement (the "Franchise Agreement"), as follows:
- 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.
- 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:
Source: Item 23 — RECEIPTS (FDD pages 51–207)
What This Means (2024 FDD)
According to the 2024 Dryer Vent Squad Franchise Disclosure Document, the Hawaii Franchise Agreement Amendment is designed to comply with the Hawaii Franchise Investment Law. The amendment modifies the franchise agreement to ensure that the rights and causes of action available to the franchisee under the Hawaii Franchise Investment Law remain in force.
Specifically, the amendment addresses sub-article 14.C.(6) regarding the conditions for approval of transfer, clarifying that the franchisee's rights under the Hawaii Franchise Investment Law are not waived. It also states that if any provision in sub-article 15.B.(8), concerning conditions for renewal, is inconsistent with the Hawaii Franchise Investment Law, the state law will take precedence.
This compliance measure ensures that Dryer Vent Squad franchisees in Hawaii receive the protections and rights afforded to them by state law, particularly concerning non-renewal, termination, and transfer of the franchise agreement. Prospective franchisees should carefully review these amendments to understand their rights and how the Hawaii Franchise Investment Law affects their franchise agreement.