How will Benihana make the BENIHANA Standards available to the franchisee?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
urant constructed, furnished, and equipped in accordance with this Agreement.
ARTICLE 3. COMPLIANCE WITH BENIHANA SYSTEM; BENIHANA STANDARDS
- 3.1 BNC will make the BENIHANA Standards available to Franchisee in the Operations Manual and in other forms of communications, all of which BNC may modify in its sole discretion at any time during the Franchise Term.
- 3.2 Franchisee acknowledges that Franchisee's adherence to the BENIHANA System, the BENIHANA Standards, and the provisions of the Operations Manual are reasonably necessary, and essential to BNC, to Franchisee and to other franchisees of BENIHANA Restaurants, in order to promote the goodwill associated with the BENIHANA System and the Marks. Notwithstanding that the parties acknowledge that many of the BENIHANA Standards will be inapplicable to the design, format, operation,
and products sold at the Restaurant, Franchisee shall comply with all applicable BENIHANA Standards and operate the Restaurant in accordance with the BENIHANA System as applicable to the Restaurant. SCHEDULES 1-A, 1-B, and 1-C to this Agreement will set forth modifications to the BENIHANA System as to menu, equipment, and training that the parties agree will apply to the operation of the Restaurant.
- 3.2.1 Franchisee further acknowledges that complete uniformity may not always be possible or practical throughout all BENIHANA Restaurants, and BNC may, from time to time, permit certain deviations from the BENIHANA System or the BENIHANA Standards as BNC deems appropriate in its sole discretion. The parties agree and acknowledge that the service format of the Restaurant will necessarily require certain deviations from the BENIHANA System or the BENIHANA Standards as approved by BNC in its sole discretion.
- 3.3 Franchisee shall use the Location solely for the operation of the Restaurant in strict accordance with the applicable BENIHANA Standards. The Restaurant shall be open and in operation for such minimum hours and days specified or approved by BNC in writing, which hours may be changed from time to time by BNC.
- 3.4 Franchisee must designate and retain in its employment at all times a person to serve as the "General Manager" of the Restaurant.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, Benihana will provide franchisees with access to the BENIHANA Standards through the Operations Manual and other forms of communication. Benihana retains the right to modify these standards at its discretion during the franchise term.
The Operations Manual, as defined in the agreement, includes the BENIHANA University website, written manuals for franchisees, and all product, service, and facility specifications issued by Benihana. Benihana and the franchisee will discuss which parts of the Operations Manual may not apply to the specific restaurant, but Benihana has the final say in determining which provisions are applicable.
Franchisees must adhere to the BENIHANA System, the BENIHANA Standards, and the Operations Manual, as this is essential for maintaining the goodwill associated with the BENIHANA System and its trademarks. While some BENIHANA Standards may not apply to the restaurant's design, operation, or products, franchisees are still required to comply with all applicable standards and operate according to the BENIHANA System. Benihana may also permit deviations from the BENIHANA System or Standards at its discretion, acknowledging that complete uniformity across all restaurants may not always be possible.