Who is responsible for the final decision to accept the approved site for a Hawaiian Bros Island Grill?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
Company's acceptance of a proposed site will not constitute a warranty or representation as to the site's suitability or success of the Hawaiian Bros Restaurant. It simply means that Company is willing to grant a franchise at that location. Developer is solely responsible for the final decision to accept the approved site based on Developer's independent investigations;
Source: Item 23 — RECEIPTS (FDD pages 77–262)
What This Means (2025 FDD)
According to the 2025 FDD, the final decision to accept an approved site for a Hawaiian Bros Island Grill restaurant rests solely with the Developer (franchisee). While Hawaiian Bros Island Grill provides site evaluation and may offer written authorization to proceed with lease negotiations, the ultimate responsibility lies with the franchisee.
This means that even after Hawaiian Bros Island Grill has indicated a site is acceptable and authorized lease negotiations, the franchisee must conduct their own independent investigations to determine if the site is suitable for their business. This includes assessing factors such as local market conditions, competition, and potential profitability.
Hawaiian Bros Island Grill's acceptance of a site does not constitute a warranty or guarantee of the site's suitability or the success of the restaurant. It only signifies that Hawaiian Bros Island Grill is willing to grant a franchise at that specific location. The franchisee bears the risk associated with the site's performance and must be diligent in their evaluation before committing to the location.
This arrangement is typical in franchising, where franchisees are expected to take an active role in site selection and due diligence. While the franchisor provides guidance and approval, the franchisee is ultimately responsible for the financial success of their individual location.