What is the Developer's obligation regarding the delivery of instruments required by Hawaiian Bros Island Grill?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
2. GRANT OF DEVELOPMENT RIGHTS; CERTAIN DEVELOPER OBLIGATIONS.*
In consideration of the Franchise Fee Deposit Developer pays in accordance with Section 6, Company grants to Developer the right, and Developer undertakes the obligation, to develop and open one or more Hawaiian Bros Restaurants, as specified on Exhibit B, in the Development Area described in Exhibit A. Subject to extension or early termination as provided herein, the term of this Agreement is the period between the Effective Date and the Expiration Date, both of which are indicated on the signature page of this Agreement.
If Developer is a Business Entity, Developer must provide copies of its Charter Documents, any amendments thereto, resolutions of Developer's Board of Directors, managers, general partner or other managing body authorizing Developer to enter into and perform this Agreement, any certificates, buy-sell agreements or other documents restricting the sale or transfer of stock, and any other documents as may be reasonably required by Company to be furnished to Company prior to the execution of this Agreement. Developer further represents, warrants and covenants that it is duly organized and validly existing under the law of the state of its formation and is duly qualified and authorized to do business in each jurisdiction in which its business activities or the nature of the properties it owns requires such qualification.
Developer represents, warrants and agrees that Exhibit C, including all documents and information attached thereto, is complete, current and accurate. Without limiting the terms of Section 10, Developer must furnish a current version of Exhibit C, including all documents and information to be attached thereto, to Company within 10 days after any change and upon Company's request.
Source: Item 23 — RECEIPTS (FDD pages 77–262)
What This Means (2025 FDD)
According to the 2025 FDD, a Hawaiian Bros Island Grill developer has obligations to provide certain instruments and authorizations to the company. Specifically, the developer must provide copies of its Charter Documents, any amendments thereto, resolutions of the Board of Directors, managers, general partner or other managing body authorizing Developer to enter into and perform the Development Agreement, any certificates, buy-sell agreements or other documents restricting the sale or transfer of stock, and any other documents as may be reasonably required by Company prior to the execution of this Agreement.
Furthermore, the developer must furnish a current version of Exhibit C, including all documents and information to be attached thereto, to Hawaiian Bros Island Grill within 10 days after any change and upon the company's request. Each person the company designates, including each person who is or becomes a Principal and has access to Trade Secrets or other Confidential Information, must sign an agreement undertaking to be bound by confidentiality, noncompetition, and non-solicitation covenants in the form attached as Exhibit F.
In addition, the developer agrees to execute and deliver such authorizations and other instruments as Hawaiian Bros Island Grill or the Providers may reasonably require for IT Products/Services. These obligations ensure that Hawaiian Bros Island Grill has the necessary documentation and agreements in place to protect its interests and maintain consistency across its franchise system.