According to the Benihana Franchise Agreement, how must all notices be delivered?

According to Benihana's 2024 Franchise Disclosure Document, either party can change their address for receiving notices by sending a written notice to the other party. Notices are considered delivered when they are actually delivered or when delivery is initially refused. This is determined by the delivery records of the delivery agent.

This clause ensures that all official communications between Benihana and the franchisee are properly documented and acknowledged. By requiring written notice for changes of address, Benihana aims to prevent miscommunication and ensure that important documents reach the intended recipient. The stipulation that notices are deemed given upon refusal protects Benihana from franchisees who might try to avoid receiving important communications by refusing delivery.

This type of notification clause is standard in franchise agreements. It is important for franchisees to understand that they cannot claim lack of notice if they refuse to accept a delivery. Franchisees should maintain accurate records of all communications with Benihana, including dates of sending and receiving notices, to ensure compliance with the agreement.