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What is the deadline for a Benihana franchisee to submit a written application for a Successor Franchise Agreement?

Benihana Franchise · 2024 FDD

Answer 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 seeking a Successor Franchise Agreement must submit a written application at least 365 days before the expiration of the current Franchise Term. This requirement is part of the process for obtaining a new franchise agreement to continue operating the Benihana restaurant at the same location.

In addition to the application deadline, the franchisee must also sign and return the Successor Franchise Agreement for final approval and execution at least 30 days before the Franchise Term expires. Meeting both deadlines is crucial for a smooth transition to a new franchise term.

Furthermore, to qualify for a Successor Franchise Agreement, the franchisee must not be in default of any obligations under the existing Franchise Agreement within the 24 months preceding expiration. They must also have completed any required remodeling of the restaurant and meet all of Benihana's then-current legal, financial, and operational standards applicable to new franchisees. These standards include adhering to the current form of the franchise agreement and the operating standards for the Benihana system. Failing to meet any of these conditions could jeopardize the franchisee's opportunity to renew their franchise.

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.