If the Agreement is modified, does the Guaranty still apply to Hawaiian Bros Island Grill?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
Agreement or agreed to by the Franchisee.
- (6) Guarantors consent and agree that (i) their liability will not be contingent or conditioned upon Franchisor's pursuit of any remedies against Franchisee or any other person; (ii) such liability will not be diminished, relieved, or otherwise affected by Franchisee's insolvency, bankruptcy, or reorganization, the invalidity, illegality, or unenforceability of all or any part of the Agreement, or the amendment or extension of the Agreement with or without notice to Guarantors; and (iii) this Personal Guaranty shall apply in all modifications to the Agreement of any nature agreed to by Franchisee with or without the undersigned receiving notice thereof.
- (7) Guarantors shall pay all costs of collection and reasonable attorneys' fees incurred by Franchisor in connection with enforcing this Guaranty.
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GUARANTORS:
Individually Individually Print Name Print Name Address Address City State Zip Code City State Zip Code Telephone Number Telephone Number Ownership Percentage of Franchisee Ownership Percentage of Franchisee Individually Individually Print Name Print Name Address Address City State Zip Code City State Zip Code Telephone Number Telephone Number Ownership Percentage of Franchisee Ownership Percentage of Franchisee
EXHIBIT E
GUARANTY
In consideration of, a
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, the Guaranty applies to all modifications of the Development Agreement with Hawaiian Bros Island Grill. The Guarantors consent and agree that their liability will not be contingent upon the Franchisor pursuing remedies against the Developer or any other person. The liability of the Guarantors will also not be affected by the Developer's insolvency, bankruptcy, or the invalidity of any part of the Development Agreement.
According to the FDD, the Guaranty applies to all modifications of the Franchise Agreement with Hawaiian Bros Island Grill. The Guarantors consent and agree that their liability will not be contingent upon the Franchisor pursuing remedies against the Franchisee or any other person. The liability of the Guarantors will also not be affected by the Franchisee's insolvency, bankruptcy, or the invalidity of any part of the Franchise Agreement.
This means that even if the original agreement between Hawaiian Bros Island Grill and the franchisee or developer is changed, the guarantor's obligations remain in place. This protects Hawaiian Bros Island Grill in case the franchisee's or developer's financial situation changes or if parts of the agreement are found to be unenforceable. The guarantor cannot claim that changes to the agreement release them from their obligations.