If Benihana requires a specific form for confidentiality agreements, what exhibit is it attached to?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
At BNC's option, BNC may require that such confidentiality and restrictive covenant agreements be in the form attached to this Agreement as Exhibit F, which form includes specific identification of BNC as a third-party beneficiary of such covenants with the independent right to enforce them.
Franchisee must provide BNC with a copy of all executed covenants within five (5) days after hiring any such General Manager or other employees.
Source: Item 23 — Receipts (FDD pages 74–576)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, Benihana may require that confidentiality and restrictive covenant agreements be in a specific form. This form is attached to the Franchise Agreement as Exhibit F.
This means that if Benihana exercises its option to require a specific form, franchisees must use the form provided as Exhibit F for their General Manager, any other personnel employed who have received or will receive training from Benihana National Corp (BNC), and any personnel having access to any Confidential Information. This form also specifically identifies BNC as a third-party beneficiary, giving them the independent right to enforce the covenants within the agreement.
Furthermore, the franchisee is obligated to provide Benihana with a copy of all executed confidentiality agreements within five days of hiring the General Manager or other relevant employees. This requirement ensures that Benihana can verify compliance and enforce the confidentiality provisions, protecting their trade secrets and confidential information.