factual

What is the cure period for a Benihana franchisee's failure to pay Royalties, Advertising Contributions, or other amounts due to BNC under the franchise agreement?

Benihana Franchise · 2024 FDD

Answer 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 BNC (Benihana National Corp.) under the franchise agreement, they have a 10-day cure period after receiving notice from Benihana. This means that the franchisee has ten days to correct the payment deficiency after Benihana informs them of the issue.

This is a fairly standard cure period in franchising. It gives the franchisee a reasonable opportunity to rectify the situation and avoid termination of the agreement. It is important for a prospective Benihana franchisee to understand that failure to pay royalties and advertising contributions is a serious matter that can lead to termination of the franchise agreement if not cured within the specified timeframe.

It is important to note that the cure period begins after notice from Benihana. Therefore, it is crucial for franchisees to maintain open communication with Benihana and promptly address any payment-related issues to avoid potential default and termination of the franchise agreement. Franchisees should also ensure they have systems in place to track and manage their financial obligations to Benihana to prevent late payments and the need for a cure period.

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.