factual

What are some business risks that Benihana licensees face?

Benihana Franchise · 2024 FDD

Answer from 2024 FDD Document

We face a variety of risks associated with doing business with licensees.

We rely in part on our licensees and the manner in which they operate the STK restaurants to develop and promote our business. As of December 31, 2023, we had five licensed STK restaurants.

Our licensees are required to operate our restaurants according to the specific guidelines we set forth, which are essential to maintaining brand integrity and reputation, as well as in accordance with all laws and regulations applicable to us, and all laws and regulations applicable in the countries in which we operate. We provide training to these licensees to integrate them into our operating strategy and culture. However, since we do not have day-to-day control over these restaurants, we cannot give assurance that there will not be differences in product and service quality, operations, labor law enforcement, marketing or profitability or that there will be adherence to all of our guidelines and applicable laws. In addition, if our licensees fail to make investments necessary to maintain or improve the restaurants, guest preference for our brand could suffer. Our licensees are subject to business risks similar to those we face such as competition; customer acceptance; fluctuations in the cost, quality and availability of raw ingredients; increased labor costs; difficulty obtaining acceptable site leases; and difficulty obtaining proper financing. Failure of licensed restaurants to operate effectively could adversely affect our cash flows from those operations or have a negative impact on our reputation and our business.

The success of our licensed restaurants depends on our ability to establish and maintain good relationships with our licensees. The value of our brand and the rapport that we maintain with our licensees are important factors for potential licensees considering doing business with us. If we are unable to

Source: Item 22 — CONTRACTS (FDD pages 73–74)

What This Means (2024 FDD)

According to Benihana's 2024 Franchise Disclosure Document, Benihana faces risks associated with its licensees. As of December 31, 2023, Benihana had five licensed STK restaurants. Since Benihana does not have day-to-day control over these restaurants, there could be differences in product and service quality, operations, labor law enforcement, marketing, or profitability. There is also a risk that licensees may not adhere to Benihana's guidelines and applicable laws. If licensees fail to invest in maintaining or improving the restaurants, guest preference for the Benihana brand could suffer.

Benihana licensees face business risks similar to those Benihana faces, including competition, customer acceptance, fluctuations in the cost, quality, and availability of raw ingredients, increased labor costs, difficulty obtaining acceptable site leases, and difficulty obtaining proper financing. If licensed restaurants do not operate effectively, this could adversely affect Benihana's cash flows from those operations or negatively impact its reputation and business.

The success of Benihana's licensed operations depends on establishing and maintaining good relationships with its licensees. If Benihana cannot maintain good relationships with licensees, it may be unable to renew license agreements, and opportunities for developing new relationships with additional licensees may be adversely affected, which could negatively affect Benihana's results of operations. Benihana has developed criteria to evaluate and screen prospective developers and licensees, but it cannot be certain that the developers and licensees selected will have the business acumen necessary to open and operate successful licensed restaurants in their licensing areas, be able to negotiate acceptable lease or purchase terms for prospective sites, or obtain the necessary approvals for such sites, or that financing will be available to construct and open new venues.

Disclaimer: This information is extracted from the 2024 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.