What is the definition of 'Restaurant' and 'Restaurants' in the context of the Hawaiian Bros Island Grill franchise agreement?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
gh promotions, the acceptance of coupons originally issued for no consideration, or other discounts.
Guaranty means that form of document attached as Exhibit D to this Agreement.
Hawaiian Bros Restaurant means a retail establishment at a fixed (permanent) location that is not in a Non-Traditional Venue and that operates continually on a year-round basis under the Hawaiian Bros Island Grill trade name and System. The term does not include any type of Special Outlet.
Indebtedness has the meaning set forth in Section 18(f)(1).
Indemnified Parties means Company and its Affiliates, and their successors and assigns, and each of their respective direct and indirect owners, directors, officers, managers, employees, agents, attorneys, and representatives.
Source: Item 23 — RECEIPTS (FDD pages 77–262)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, a Hawaiian Bros Restaurant is defined as a retail establishment operating under the Hawaiian Bros Island Grill trade name and System. This establishment must be at a fixed, permanent location, and operate continually on a year-round basis. The definition explicitly excludes any type of Special Outlet, such as ghost kitchens, kiosks, food trucks, or temporary booths.
The term 'Restaurants' is used to refer to multiple Hawaiian Bros Island Grill locations. The Franchise Agreement outlines the franchisor's right to grant franchises for the development and operation of restaurants under the Hawaiian Bros System. This system includes proprietary rights to trade names, service marks, trademarks, trade dress, operating procedures, marketing concepts, management techniques, and communication methods.
For a prospective franchisee, this definition clarifies the type of establishment they are authorized to operate. It emphasizes the importance of a permanent, year-round location and restricts the franchisee from operating mobile or temporary setups without specific permission. Understanding this definition is crucial for site selection and business planning, as it sets the boundaries for the franchisee's operational scope under the Hawaiian Bros Island Grill brand.