What is the cure period for a Benihana franchisee's failure to pay royalties or advertising contributions?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
- (g) Franchisee fails to pay when due any Royalties, Advertising Contributions, or other amounts due and payable to BNC under this Agreement.
The cure period for an act of default under this provision is ten (10) days after notice by BNC.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, if a franchisee fails to pay royalties, advertising contributions, or other amounts due to Benihana, they have a 10-day cure period after receiving notice from Benihana. This means that if a Benihana franchisee misses a payment, they have ten days after Benihana notifies them to correct the issue and make the payment.
This cure period is important because it provides the franchisee with an opportunity to rectify the situation and avoid termination of the franchise agreement. Failing to cure the default within this timeframe could lead to further action by Benihana, potentially including termination of the agreement. Franchisees should ensure they have systems in place to manage and track payments to Benihana to avoid falling into default.
Cure periods are a common practice in franchising, allowing franchisees a window to correct certain breaches of the franchise agreement. The length of the cure period can vary depending on the nature of the default. For Benihana, some defaults have no cure period, while others have cure periods ranging from five to thirty days, depending on the specific violation.