To what extent is each provision of the Addendum to the Monicals Pizza Area Development Agreement effective in Hawaii?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
| between Monical Pizza Corporation and | This Addendum to the Area Development Agreement is agreed to this day of, 20, by and | ||
|---|---|---|---|
| 1. | In recognition of the requirements of the Hawaii Franchise Investment Law, Hawaii Revised Statutes, | ||
| Title 26, Chapter 482E et seq., the Area Development Agreement for Monical Pizza Corporation is amended as follows: | |||
| | Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control. | The Hawaii Franchise Investment Law provides rights to you concerning non-renewal, | |
| termination and transfer of the Area Development Agreement. If the Area Development | |||
| Agreement, and more specifically its Section 8, contains a provision that is inconsistent with | |||
| 2. | Each provision of this Addendum shall be effective only to the extent that the jurisdictional | ||
| requirements of the Hawaii Franchise Investment Law applicable to the provisions are met independently of this | |||
| Addendum. To the extent this Addendum shall be deemed to be inconsistent with any terms or conditions of said | |||
| Area Development Agreement or exhibits or attachments thereto, the terms of this Addendum shall govern. | |||
| understands and consents to be bound by all of its terms. | IN WITNESS WHEREOF, each of the undersigned hereby acknowledges having read this Addendum and | ||
| MONICAL PIZZA CORPORATION: | Developer: | ||
| By: | By: | ||
| Title: | Title: |
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to Monicals Pizza's 2025 Franchise Disclosure Document, the effectiveness of each provision within the Addendum to the Area Development Agreement in Hawaii is contingent upon meeting the jurisdictional requirements of the Hawaii Franchise Investment Law independently of the Addendum itself. This means that the provisions of the Addendum will only be effective if they comply with Hawaii law, regardless of the Addendum's existence.
The Addendum serves to amend the existing Area Development Agreement to align with the Hawaii Franchise Investment Law. In cases where there are inconsistencies between the original Area Development Agreement and the Addendum, the terms of the Addendum will take precedence. This ensures that the Monicals Pizza franchise operations in Hawaii adhere to local regulations and protect the rights of the developer (franchisee) as outlined in the Hawaii Franchise Investment Law.
For a prospective Monicals Pizza franchisee in Hawaii, this clause provides assurance that their Area Development Agreement will be interpreted and enforced in accordance with Hawaii law. It also highlights the importance of understanding both the Area Development Agreement and the Hawaii Franchise Investment Law to fully grasp their rights and obligations. Franchisees should seek legal counsel to ensure full compliance and understanding of these legal provisions.