What date is referenced in the Hawaiian Bros Island Grill Confidentiality, Non-Competition and Non-Solicitation Agreement?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Franchisee Participation Agreement (this "Participation Agreement") is entered into as of, between the undersigned ("Franchisee"), as operator of certain Hawaiian Bros Island Grill restaurants (the "Franchisee Locations") and Edward Don & Company (the "Don "). Don and Hawaiian Bros Inc., a Delaware corporation ("Hawaiian Bros"), on behalf of itself and its whollyowned subsidiaries are parties to that certain Distribution Capabilities and Proposal dated as of (the "Master Agreement"), pursuant to which Don is an approved distributor of non-food supplies for the Hawaiian Bros Island Grill system (the "System"). All capitalized terms not otherwise defined in this Agreement will have the meanings ascribed to them under the Master Agreement. |
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| Franchisee and Don agree as follows: |
| 1. Binding Nature of the Master Agreement . Franchisee acknowledges and agrees: (i) Don's distribution of products to Franchisee's Hawaiian Bros Island Grill restaurants (" Franchisee Locations ") will be subject and pursuant to the Master Agreement and (ii) to be bound by the terms of the Master Agreement, as amended from time to time between Don and Hawaiian Bros in accordance with the terms of the Master Agreement. Franchisee agrees to provide a list of its Franchisee Locations to Don from time to time upon request. |
| 2. Term. This Participation Agreement will end upon (i) the termination or expiration of the Master Agreement, unless this Participation Agreement is earlier terminated under the terms of the Master Agreement, or (ii) Franchisee ceasing to be a franchisee of the System. |
| 3. Inventory Management. Inventory stocking and management will be at Hawaiian Bros direction and discretion. If Hawaiian Bros becomes obligated to purchase any unique inventory, proprietary or logo items under the terms of the Master Agreement, Franchisee agrees that it will pay directly and promptly to Don such amount as Hawaiian Bros determines shall be allocated to Franchisee with respect to its Franchisee Locations. |
| 4. Site Surveys; Reporting. Franchisee will participate in any site survey(s) approved by Hawaiian Bros that are to be conducted by Don at its Franchisee Locations to identify opportunities to provide product standardization, improved safety, operational efficiency and possible cost savings. Franchisee consents to Don including information regarding its Franchisee Locations in any reporting provided by Don to Hawaiian Bros or its affiliates under the Master Agreement. |
| 5. Confidentiality . Franchisee agrees that all information as to source, quantity and price of goods and services shall be maintained in confidence and not be released to any third party without prior written consent of Don and Hawaiian Bros. |
| 6. 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. |
| Effective as of the date first above written. |
| FRANCHISEE DON Edward Don & Company |
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 includes a reference to a date. The agreement is entered into as of a certain date between the franchisee and Edward Don & Company. This agreement is related to a Distribution Capabilities and Proposal, which is also dated as of a certain date, between Don and Hawaiian Bros Inc.
The agreement states that Don is an approved distributor of non-food supplies for the Hawaiian Bros Island Grill system, and the franchisee will be subject to the Master Agreement between Don and Hawaiian Bros. The Franchisee Participation Agreement will end upon the termination or expiration of the Master Agreement or if the franchisee ceases to be a franchisee of the Hawaiian Bros Island Grill system.
Prospective franchisees should note that this agreement ensures they are bound by the terms of the Master Agreement between Don and Hawaiian Bros, particularly regarding the distribution of non-food supplies. It also highlights the importance of maintaining confidentiality regarding the source, quantity, and price of goods and services.