How should notices be delivered to Benihana and the franchisee according to the franchise agreement?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
Either party may change its address for receipt of notices, from time to time, by written notice to the other as set forth herein. Notices shall be deemed given when delivered or when first refused (as evidenced by the receipt or delivery records of the delivery agent).
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, either party can change their address for receiving notices by providing written notice to the other party. The notices are considered given when they are delivered or when delivery is initially refused, as shown by the delivery agent's records.
This means that if a Benihana franchisee needs to officially communicate with Benihana, or vice versa, the communication must be in writing and sent to the designated address. It is crucial to keep records of sent and received notices, as the date of delivery or attempted delivery (if refused) is what determines when the notice is officially considered given. This could be important for deadlines or legal requirements specified in the franchise agreement.
This type of clause is standard in franchise agreements to ensure both parties have a clear and documented method of communication. Franchisees should pay close attention to any notices received from Benihana and promptly respond when necessary, keeping copies of all communications for their records.