For a Hawaiian Bros Island Grill franchise, what constitutes a 'Franchisee Contact' in relation to non-solicitation?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
Each Person Company designates, including Principals, General Managers, Executive Management and any other person identified on Exhibit C, must sign an agreement undertaking to be bound by confidentiality, non-competition, and nonsolicitation covenants in the form attached as Exhibit E ("Confidentiality and Non-Competition Agreement").
Source: Item 23 — RECEIPTS (FDD pages 77–262)
What This Means (2025 FDD)
I am unable to define what constitutes a 'Franchisee Contact' in relation to non-solicitation for a Hawaiian Bros Island Grill franchise, according to the 2025 Franchise Disclosure Document excerpts provided. The excerpts discuss non-competition and non-solicitation covenants, but do not specifically define 'Franchisee Contact' in this context. The FDD excerpts do mention that each person the company designates, including Principals, General Managers, Executive Management, and anyone on Exhibit C, must sign an agreement to be bound by confidentiality, non-competition, and non-solicitation covenants in the form attached as Exhibit E.
To fully understand this term, a prospective Hawaiian Bros Island Grill franchisee should ask the franchisor for a clear definition of 'Franchisee Contact' and how it relates to the non-solicitation agreements. Specifically, they should inquire about who is included under this definition, what actions constitute solicitation, and what the restrictions are regarding contacting former employees or customers.
Understanding these details is crucial for ensuring compliance with the franchise agreement and avoiding potential legal issues related to non-solicitation. It is also important to review Exhibits C and E, as they contain additional information about the individuals subject to these covenants and the specific terms of the Confidentiality and Non-Competition Agreement.