What is the name of the IT SERVICES AND SUPPORT AGREEMENT for Hawaiian Bros Island Grill?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Developer's operation of the Franchised Restaurant(s), as defined in the applicable Franchise Agreement, the Parties have made certain arrangements for Hawaiian Bros to provide IT services and support to Developer, and for Hawaiian Bros to pass through to Developer certain costs relating to Developer's operation of the Franchised Restaurant(s), each in accordance with the terms of this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, Hawaiian Bros and Developer hereby agree as follows:
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- IT Products and Services.
Hawaiian Bros will arrange for Developer and the Franchised Restaurant(s) to access the third party products and services set forth on Exhibit A attached hereto (the "IT Products/Services"), and provide remote support for such IT Products/Services as described under IT Support as set forth on Exhibit A and in accordance with Hawaiian Bros support policies and procedures for the Franchised Restaurant(s) (the "IT Support"), subject to the limitations and conditions set forth in this Agreement.
The Parties agree to cooperate with each other and the Providers listed on Exhibit A with respect to Developer's access to the IT Products/Services, and Developer agrees to execute and deliver such authorizations and other instruments as Hawaiian Bros or the Providers may reasonably require.
Notwithstanding the foregoing or the Term (as defined herein), the Parties agree that (a) the IT Products/Services and IT Support will be provided to Developer with respect to each such Provider through the earlier to occur of (i) the expiration of the current term of Hawaiian Bros' agreement with the applicable Provider (as the same may be renewed, in Hawaiian Bros' sole discretion), or (ii) the relationship with such Provider is terminated (in Hawaiian Bros' sole discretion), and (b) that Hawaiian Bros has no obligation to maintain, and may amend or terminate without replacement, in its sole discretion, its current agreements or relationships with the Providers of the IT Products/Services or the support and services it provides with respect thereto.
Source: Item 23 — RECEIPTS (FDD pages 77–262)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Hawaiian Bros Island Grill provides IT services and support to its developers, as defined in the applicable Franchise Agreement. The agreement that outlines these arrangements is referred to as the "IT SERVICES AND SUPPORT AGREEMENT." Hawaiian Bros arranges for developers and their franchised restaurants to access third-party products and services, which are detailed in Exhibit A of the agreement, and provides remote support as described in Exhibit A, following their support policies and procedures.
This agreement ensures that Hawaiian Bros Island Grill franchisees receive the necessary IT support and services to operate their restaurants effectively. The franchisee is expected to cooperate with both Hawaiian Bros and the third-party providers listed in Exhibit A, including executing any required authorizations or instruments. However, the provision of IT Products/Services and IT Support is subject to certain limitations.
Specifically, the IT services are provided through the earlier of either the expiration of Hawaiian Bros' agreement with the applicable provider (as it may be renewed at Hawaiian Bros' discretion) or the termination of the relationship with the provider (at Hawaiian Bros' discretion). Hawaiian Bros retains the right to amend or terminate its agreements with the IT service providers without needing to replace them. This means that while franchisees receive IT support, the specific services and providers can change based on Hawaiian Bros' decisions, which could impact the franchisee's operations.