What are some of the conditions that must be met for Hawaiian Bros Island Grill to approve a transfer of the Development Agreement?

Question

Accepted Answer

| (1) Provision | (2) Section in Franchise Agreement | (3) Summary | |----------------------------------------------------|---------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | |

remove from your premises all signage, and anything else that bears our trademarks or service marks;
alter the premises to remove all trade dress and eliminate the distinctive features of our concept; and
cancel any assumed name registrations used with our trademarks and service marks.

| | j. Assignment of contract by franchisor. | 13(a) | We have the right to assign your Franchise Agreement at any time without your consent, and we will have no further obligations under the contract, except for any liabilities that already accrued. | | k. "Transfer" by | 13(b) | "Transfer" includes any sale, sale and lease-back, assignment, transfer, license, sublicense, sublease, collateral assignment, grant of a security, collateral or conditional interest, grant of a profits or other interest based on the revenue or profits of your Restaurant, pledge, hypothecation, voluntary or involuntary intervivos transfer or testamentary disposition, and the grant of rights to convert any debt or other obligation or instrument into an ownership interest in you, including warrants, options, and convertible debt. | | franchisee - | | | | defined. | | | | 1. Franchisor approval of transfer by franchisee. | 13(b) | You must have our written consent before any transfer of a direct or indirect ownership interest in you or any interest in or right under your Franchise Agreement, your Restaurant or the assets of your Restaurant (other than the sale of items in the ordinary course). | | m. Conditions for franchisor approval of transfer. | 13(b), 25(g) |

Conditions include:
Proposed transferee qualifies;
You satisfy all outstanding obligations to us and our affiliates;
Your Restaurant and its premises are in compliance with our then-current standards;
The proposed transferee and its general manager complete training;
The transferee signs our then-current form of franchise agreement and all related documents;
The transferee and its controlling principals and their spouse (if any) execute a guaranty;
You and your affiliates and each of your direct and indirect owners signs a release of all claims against us and our affiliates;
You comply with other conditions that we may require as part of our transfer policy;
Payment of the \$10,000 (as may be adjusted by the percentage change in the CPI index we select) tran Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 57–67)

What are some of the conditions that must be met for Hawaiian Bros Island Grill to approve a transfer of the Development Agreement?

Answer from 2025 FDD Document

What This Means (2025 FDD)

(1) Provision	(2) Section in Franchise Agreement	(3) Summary
		remove from your premises all signage, and anything else that bears our trademarks or service marks; alter the premises to remove all trade dress and eliminate the distinctive features of our concept; and cancel any assumed name registrations used with our trademarks and service marks.
j. Assignment of contract by franchisor.	13(a)	We have the right to assign your Franchise Agreement at any time without your consent, and we will have no further obligations under the contract, except for any liabilities that already accrued.
k. "Transfer" by	13(b)	"Transfer" includes any sale, sale and lease-back, assignment, transfer, license, sublicense, sublease, collateral assignment, grant of a security, collateral or conditional interest, grant of a profits or other interest based on the revenue or profits of your Restaurant, pledge, hypothecation, voluntary or involuntary intervivos transfer or testamentary disposition, and the grant of rights to convert any debt or other obligation or instrument into an ownership interest in you, including warrants, options, and convertible debt.
franchisee -
defined.
1. Franchisor approval of transfer by franchisee.	13(b)	You must have our written consent before any transfer of a direct or indirect ownership interest in you or any interest in or right under your Franchise Agreement, your Restaurant or the assets of your Restaurant (other than the sale of items in the ordinary course).
m. Conditions for franchisor approval of transfer.	13(b), 25(g)	Conditions include: Proposed transferee qualifies; You satisfy all outstanding obligations to us and our affiliates; Your Restaurant and its premises are in compliance with our then-current standards; The proposed transferee and its general manager complete training; The transferee signs our then-current form of franchise agreement and all related documents; The transferee and its controlling principals and their spouse (if any) execute a guaranty; You and your affiliates and each of your direct and indirect owners signs a release of all claims against us and our affiliates; You comply with other conditions that we may require as part of our transfer policy; Payment of the $10,000 (as may be adjusted by the percentage change in the CPI index we select) tran