factual

Can the Hawaiian Bros Island Grill agreement be altered or amended orally?

Hawaiian_Bros_Island_Grill Franchise · 2025 FDD

Answer from 2025 FDD Document

  1. 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 Franchisee Participation Agreement between the franchisee and Edward Don & Company cannot be amended without written consent from Hawaiian Bros Island Grill. Specifically, Section 6 of the agreement states that no amendment to the Participation Agreement will be effective without the written consent of Hawaiian Bros Island Grill, subject to Section 1 regarding amendment of the Master Agreement.

This requirement for written consent ensures that all parties are in agreement regarding any changes to the Participation Agreement. It also protects Hawaiian Bros Island Grill's interests by ensuring they have control over any modifications to the agreement between the franchisee and Edward Don & Company. This is a fairly standard practice in franchising, as franchisors typically want to maintain uniformity and control over their brand and operations.

For a prospective Hawaiian Bros Island Grill franchisee, this means that any desired changes to the Participation Agreement must be formally documented and approved in writing by Hawaiian Bros Island Grill to be considered valid. Oral agreements or understandings will not be sufficient to alter the terms of the Participation Agreement. Franchisees should be aware of this requirement and ensure that all amendments are properly documented to avoid any potential disputes or misunderstandings.

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.