What are the conditions that a Benihana franchisee must meet to be eligible for a Successor Franchise Agreement?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
ts attached to this Disclosure Document.
THE FRANCHISE RELATIONSHIP
| Provision | Franchise Agreement | Summary | |
|---|---|---|---|
| a. | Length of the Franchise Term | Section 1.3 | Term is 15 years. |
| b. | Renewal or extension of the term ("Successor Franchise Agreement") | Article 17 | The Franchise Agreement does not renew upon the expiration of the Franchise Term. You have an option, subject to meeting certain requirements, to acquire a new franchise agreement ("Successor Franchise Agreement") to operate the Restaurant at the Location for an additional period equal to the standard period of time offered to our franchisees at the time of the expiration of the Franchise Term. |
| c. | Requirements for you to renew or extend | Section 17.2 | At the expiration of the Franchise Term, You must (a) not be in default, or have been in default in the twenty-four (24) months before expiration, in the performance of any obligation under the Franchise Agreement; (b) have re modeled or contracted to re-model the Restaurant to the extent we require; (c) submit to us a written application for a Successor Franchise Agreement at least 365 days before the Franchise Term expires, and sign and return to us for final approval and execution a Successor Franchise Agreement at least 30 days before the Franchise Term expires; (d) meet all of our then-existing legal, financial, and operational standards applicable to new franchisees in the then current form of franchise agreement and the then-current operating standards for the BENIHANA System; |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 59–65)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, a franchisee has the option to acquire a new franchise agreement, called a "Successor Franchise Agreement," to continue operating the restaurant at its location for a term length that is standard at the time of the franchise term's expiration.
To be eligible for a Successor Franchise Agreement, a Benihana franchisee must fulfill several requirements. First, the franchisee must not be in default, nor have been in default within the 24 months before the expiration of the current agreement, regarding any obligation under the existing Franchise Agreement. The franchisee must also have completed or contracted for any required remodeling of the restaurant.
Additionally, the franchisee must submit a written application for a Successor Franchise Agreement at least 365 days before the current Franchise Term expires. They must also sign and return the Successor Franchise Agreement for final approval and execution at least 30 days before the Franchise Term's expiration. The franchisee must meet all of Benihana's then-current legal, financial, and operational standards applicable to new franchisees, as well as the current operating standards for the Benihana system.
Finally, the franchisee needs to provide all other reasonably requested information and documentation, pay an administrative fee equal to 20% of the then-current Franchise Fee, and sign a general release of all existing claims against Benihana and its affiliates. These conditions ensure that franchisees seeking to renew their agreement are in good standing, meet current brand standards, and resolve any outstanding issues before entering into a new franchise term.