In the Benihana FDD, what entities are included when the terms 'Company,' 'we,' 'our,' or 'us' are used?

According to Benihana's 2024 Franchise Disclosure Document, the terms "Company," "we," "our," or "us" refer to The ONE Group Hospitality, Inc. and its consolidated subsidiaries, taken as a whole, unless the context indicates otherwise. This is a standard definition in franchise agreements, clarifying which entity is making the commitments and receiving the benefits outlined in the document.

For a prospective Benihana franchisee, this means that The ONE Group Hospitality, Inc., along with its subsidiaries, is the entity with whom they are entering into a franchise agreement. The franchisee should be aware that the obligations and rights outlined in the FDD and franchise agreement apply to this entire corporate structure, not just a specific division or entity within it. This is important for understanding the scope of the franchisor's responsibilities and the potential resources available to support the franchise.

This definition is fairly standard in franchise agreements. It is important to note the phrase "unless the context otherwise indicates," which suggests that in specific instances within the FDD, these terms might refer to a more limited subset of The ONE Group Hospitality, Inc. or its subsidiaries. Therefore, franchisees should pay close attention to the context in which these terms are used throughout the document to fully understand the specific obligations and rights being discussed.