For Hawaiian Bros Island Grill, how can the agreement be amended or modified?
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 can only be amended under specific conditions. The Master Agreement, which governs the distribution of non-food supplies, can be amended from time to time between Don and Hawaiian Bros Island Grill, according to its own terms.
However, any amendment to the Participation Agreement itself requires the written consent of Hawaiian Bros Island Grill. This means that while the franchisee and Don are parties to the agreement, Hawaiian Bros Island Grill retains ultimate control over any changes.
This requirement protects the Hawaiian Bros Island Grill system by ensuring that all agreements related to the franchise operations align with the franchisor's standards and policies. For a prospective franchisee, this highlights the importance of understanding the Master Agreement, as its amendments directly affect their operations, and also emphasizes that any desired changes to the Participation Agreement must be approved by Hawaiian Bros Island Grill.