Under what circumstances can the Hawaiian Bros Island Grill Franchise Agreement be amended?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to Section 1 regarding amendment of the Master Agreement, Franchisee and Don agree that no amendment to this Participation Agreement will be effective without the written consent of Hawaiian Bros. Hawaiian Bros is an intended third party beneficiary of this Participation Agreement.
Source: Item 23 — RECEIPTS (FDD pages 77–262)
What This Means (2025 FDD)
According to the 2025 Hawaiian Bros Island Grill Franchise Disclosure Document, the Franchisee Participation Agreement between the franchisee and Edward Don & Company can be amended under specific conditions. The Master Agreement, which governs the distribution of non-food supplies, can be amended from time to time between Don and Hawaiian Bros Inc. according to its own terms. Any changes to the Master Agreement will automatically apply to the Franchisee Participation Agreement.
Furthermore, the Franchisee Participation Agreement itself can only be amended with the written consent of Hawaiian Bros Island Grill. This means that while the franchisee and Don may agree to changes, those changes are not effective unless Hawaiian Bros Island Grill also approves them in writing. This provision ensures that Hawaiian Bros Island Grill maintains control over the standards and operations of its franchise system.
This requirement protects Hawaiian Bros Island Grill's interests by ensuring that all agreements affecting the franchise operations are subject to its oversight and approval. For a prospective franchisee, this means understanding that any negotiations with suppliers like Edward Don & Company are ultimately subject to Hawaiian Bros Island Grill's final approval, reinforcing the importance of aligning with the franchisor's established systems and standards.