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B59/100FDD 2024

Hawaii Fluid Art — Litigation & Risk

Other · FDD Items 3, 4 & 5

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Lower Risk

No litigation cases disclosed in FDD Items 3 and 4.

Source: FDD Items 3–5

FDD Items 3 & 4

Litigation Metrics

Cases disclosed
0
Total from FDD Items 3 and 4
Bankruptcy (Item 4)
Franchisor or officer bankruptcy
Overall risk score
59 / 100
FranchiseVerdict composite
Rating
MODERATE
STRONG / MODERATE / CAUTION / AVOID

7(a) FOIA data · FY2020–present

SBA Loan Performance

Aggregated from public SBA 7(a) loan disclosures. Default rate is the share of loans that were charged off or settled for less than the full balance.

Total 7(a) loans
15
Government-backed loans issued
Default rate
vs <3% typical · system-wide
5-yr default rate
Defaults
0 loans
Loans charged off or defaulted
Total loan volume
$2.3M
Avg loan size
$152K
Participating lenders
4

FDD Items 5, 6 & 17 — what you give up

Contract Risk Indicators

Mandatory arbitration
Not required
You retain the right to sue in court
Jury trial waiver
Waived
You give up the right to a jury trial
Non-compete
2 yrs
Post-termination restriction on similar businesses
Franchisor can compete
Yes
Franchisor can open competing locations in or near your territory
Right of first refusal
Yes
Franchisor can match any purchase offer when you try to sell
Governing law
Texas
State whose law governs disputes — relevant if you're not based there

What drove the 59/100 rating

Risk Score Breakdown

  1. 01MINORNo average revenue or net income disclosure (Item 19) — impossible to validate ROI claims or unit economics
  2. 02MINORExplosive 600% YoY unit growth (24 units) suggests either unsustainable expansion or cherry-picked growth period; typical mature franchises grow 10-30% annually
  3. 03MINORHigh initial investment ($182k-$340k) combined with $750/month minimum royalty creates immediate cash flow pressure on new franchisees
  4. 04MINORHybrid royalty structure (8% or $750 minimum) penalizes low-revenue operators; break-even threshold unclear
  5. 05MEDOnly 24 units system-wide suggests immature franchise model with limited operational history and peer support network
  6. 06MINORProtected territory provides no competitive advantage if brand lacks consumer awareness or replicable unit economics

Severity inferred from FDD text — not a regulatory or legal classification

Litigation data from FDD Items 3, 4, and 5. SBA data from public 7(a) FOIA records (FY2020–present). Not legal advice — consult a franchise attorney before signing any franchise agreement.