factual

What is the role of GIFTCO in relation to the Hawaiian Bros Island Grill Gift Card Program?

Hawaiian_Bros_Island_Grill Franchise · 2025 FDD

Answer from 2025 FDD Document

Direct DSP Integrations, Paytronix and Tattle Support restaurants and troubleshoot systems issues Coordinate support from Toast as required |

6. HBros provides assistance to
Toast if Toast help desk is
unable to resolve an issue.

EXHIBIT J Gift Card Program Agreement

GIFT CARD PROGRAM AGREEMENT

This GIFT CARD PROGRA M AGREEMENT (the "Agreement") is entered into as of
, 20, by an d between HBGC, LLC, a Florida lin nited liability y company
("GIFTCO"), and $_$ , a ("PARTIC IPANT").

WITNESSETH:

WHEREAS, GIFTCO is in the business of selling Gift Cards (as defined below) and providing related Gift Card management services;

WHEREAS, GIFTCO operates a gift card program pursuant to which customers of Hawaiian Bros Island Grill restaurants ("Restaurants") may purchase and redeem Gift Cards at participating Restaurants (the "Gift Card Program"); and

WHEREAS, PARTICIPANT desires to participate in the Gift Card Program and use the services of GIFTCO in connection with the conduct of its business activities related to the Gift Card Program on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

    1. Definition. As used in this Agreement, the term "Gift Cards" means all physical, digital or electronic gift certificates, gift cards and similar prepaid products evidencing obligations to provide food, products, goods or services.
    1. Sale and Redemption of Gift Cards. PARTICIPANT elects to participate in the Gift Card Program and, as agent for GIFTCO, to offer Gift Cards for sale in exchange for cash, credit card, check or other form of payment as may from time to time be authorized by GIFTCO. PARTICIPANT agrees to accept Gift Cards with a stored value presented at such PARTICIPANT'S Restaurant(s) and to redeem the value stored on such Gift Cards toward the purchase of goods and services at PARTICIPANT'S Restaurant(s) the same as if presented in United States currency. If a customer of a PARTICIPANT requests that any remaining balance on a gift card following a purchase be redeemed for cash, PARTICIPANT shall honor such request only to the extent required by applicable law or GIFTCO's policy consistent with its terms and conditions.
    1. Gift Card Program Administration. PARTICIPANT acknowledges and agrees that GIFTCO will manage and administer the Gift Card Program in its discretion as it deems appropriate, including but not limited to: (a) entering into and managing contracts with vendors for the tracking and settlement functions associated with the Gift Card Program; and (b) establishing policies and procedures with respect to all aspects of the Gift Card Program. PARTICIPANT agrees to execute and deliver such authorizations and other instruments as

GIFTCO may reasonably require in connection with PARTICIPANT's participation in, or GIFTCO's administration of, the Gift Card Program.

  • Payments; ACH Transfers. Without limiting any other terms of this Agreement and subject to any applicable policies and procedures established pursuant to Section 3, PARTICIPANT will remit to GIFTCO all funds paid to it for the sale of Gift Cards and GIFTCO will pay PARTICIPANT funds for the amount of any Gift Card redeemed by PARTICIPANT, less the Program Adjustment Amount. GIFTCO, directly or through its service provider(s), will facilitate cash transfers (debits and credits) between PARTICIPANT's bank account and GIFTCO's bank account on such schedule as determined by GIFTCO to the extent of Gift Card activations, redemptions, and other transactions requiring the transfer of cash. PARTICIPANT is responsible for any charges imposed by PARTICIPANT's bank, any governing authority, or any other loss or expense arising out of or incurred in connection with automated electronic withdrawals, deposits, transfers or insufficient funds (including reasonable attorneys' fees) with respect to PARTICIPANT's participation in the Gift Card Program.

Source: Item 23 — RECEIPTS (FDD pages 77–262)

What This Means (2025 FDD)

According to the 2025 Hawaiian Bros Island Grill Franchise Disclosure Document, GIFTCO is the primary entity responsible for the Gift Card Program. GIFTCO sells gift cards and provides management services related to the gift card program. Hawaiian Bros Island Grill franchisees participate in the Gift Card Program, allowing customers to purchase and redeem gift cards at their restaurants. The franchisee is acting as an agent of GIFTCO when selling and redeeming gift cards. GIFTCO manages and administers the Gift Card Program, including contracts with vendors for tracking and settlement functions and establishing policies and procedures.

As the issuer of the gift cards, GIFTCO is obligated for the value of all gift cards. The franchisee, as a participant in the program, must remit all funds from gift card sales to GIFTCO, and GIFTCO will pay the franchisee the amount of any gift card redeemed, less any program adjustment amount. GIFTCO also facilitates cash transfers between the franchisee's bank account and GIFTCO's bank account for gift card activations, redemptions, and other transactions.

The franchisee also agrees to indemnify GIFTCO from any damages, losses, liabilities, or claims arising from the sale, redemption, or use of gift cards at the franchisee's restaurants, unless such losses result from GIFTCO's willful misconduct or gross negligence. The agreement between the franchisee and GIFTCO remains in effect as long as the franchisee operates a Hawaiian Bros Island Grill restaurant under a valid franchise agreement or until GIFTCO terminates the agreement with 30 days' written notice. This arrangement is typical in franchise systems, where a third-party manages gift card programs to ensure consistency and reduce the administrative burden on individual franchisees.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.