In the Hawaiian Bros Island Grill agreement, can the agreement be amended verbally?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
- Miscellaneous . Subject to Section 1 regarding amendment of the Master Agreement, Franchisee and Don agree that no amendment to this Participation Agreement will be effective without the written consent of Hawaiian Bros. Hawaiian Bros is an intended third party beneficiary of this Participation Agreement.
Source: Item 23 — RECEIPTS (FDD pages 77–262)
What This Means (2025 FDD)
According to the 2025 Hawaiian Bros Island Grill Franchise Disclosure Document, the Participation Agreement between the franchisee and Edward Don & Company, a non-food supplies distributor for Hawaiian Bros Island Grill, cannot be amended verbally.
The document specifies that any amendment to the Participation Agreement requires the written consent of Hawaiian Bros Island Grill to be effective. This requirement ensures that all parties are in agreement regarding any changes and provides a clear record of the amendments.
This stipulation protects Hawaiian Bros Island Grill by ensuring they maintain control over the terms that affect their brand and operations. For a prospective franchisee, this means that any negotiated changes or modifications to the standard agreement must be documented in writing and approved by Hawaiian Bros Island Grill to be considered valid and enforceable.