What does Hawaiian Bros Island Grill require regarding the furnishing and equipping of the restaurant premises?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
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").
- (b) Restaurant Premises.Franchisee is responsible for locating, financing, developing and purchasing or leasing the Restaurant Premises. Franchisee acknowledges that selection and procurement of the Restaurant Premises is its responsibility and Company's approval of the Restaurant Premises and rendering of assistance in the selection of the Restaurant Premises does not constitute any representation, guaranty or warranty by Company that the Franchised Restaurant operated at that Restaurant Premises will be successful. Franchisee's Restaurant Premises must meet the following conditions:
- (1) Company has no responsibility for any lease; it is Franchisee's sole responsibility to evaluate, negotiate and enter into a lease or a purchase agreement for the Restaurant Premises in accordance with the terms of the Development Agreement. Franchisee must furnish Company with an executed lease within five days after its execution.
- (2) Franchisee must maintain and periodically refresh the building, equipment, fixtures, furnishings, signage and Trade Dress (including the interior and exterior appearance) used in the operation of the Franchised Restaurant in accordance with Company's requirements established periodically and any Inspections or other periodic evaluations of the Restaurant Premises by Company's representatives. From time to time as Company requires, Franchisee must modernize and/or replace aspects of the Restaurant Premises, Trade Dress and equipment as may be necessary for the Franchised Restaurant and Restaurant Premises to conform to the Standards
for similarly situated new Hawaiian Bros Island Grill franchisees, which modernization and/or replacement may include a comprehensive remodel of the Restaurant Premises.
- (3) Each transfer subject to Section 13 and each renewal under Section 11 are expressly conditioned upon Franchisee's compliance with Company's then-current modernization or replacement requirements.
- (c) Restaurant Construction.The Franchised Restaurant and Restaurant Premises must be designed, laid out, constructed or renovated, furnished, and equipped to meet the Standards, and Franchisee must satisfy any conditions to Company's approval of the development of the Restaurant Premises. Any deviations from the Standards must have Company's prior written approval. Any plans that Company provides to Franchisee, and Company's approval of any plans Franchisee submits to Company, relate solely to compliance with the Standards and should not be construed as a representation or warranty that the plans comply with applicable laws and regulations. Franchisee is solely responsible for ensuring that construction plans comply with applicable laws and regulations.
Source: Item 23 — RECEIPTS (FDD pages 77–262)
What This Means (2025 FDD)
According to the 2025 FDD, Hawaiian Bros Island Grill franchisees are responsible for furnishing and equipping their restaurant premises according to the franchisor's standards. The franchisee is responsible for locating, financing, and developing the restaurant premises. The franchisor has no responsibility for any lease agreements. The franchisee must furnish the franchisor with an executed lease within five days after its execution.
The franchisee must maintain and periodically refresh the building, equipment, fixtures, furnishings, signage, and trade dress, including both the interior and exterior appearance, according to Hawaiian Bros Island Grill's requirements. The franchisee is also responsible for modernizing or replacing aspects of the restaurant premises, trade dress, and equipment to conform to the standards for new Hawaiian Bros Island Grill franchisees, which may include a comprehensive remodel of the restaurant premises.
Hawaiian Bros Island Grill also requires franchisees to install and maintain a computer-based Information System that allows communication between the company and its franchisees. This system may include an Intranet network designed and administered by Hawaiian Bros Island Grill. Franchisees are obligated to install the specified computer, POS cash register, modem, peripheral equipment, telephone system, audio/visual equipment, and any other equipment designated by the company. They must also participate in the Information System according to the standards, protocols, terms, and procedures outlined in the Operations Manual, which may require using approved or designated service providers. Franchisees must also install additions, substitutions, and upgrades to the hardware, software, and other items in the Information System as modified from time to time through the Operations Manual.