Can Benihana permit deviations from the Benihana System or Benihana Standards?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, Benihana may permit certain deviations from the Benihana System or Benihana Standards. Benihana has the sole discretion to determine when these deviations are appropriate. The service format of the Restaurant will necessarily require certain deviations from the Benihana System or the Benihana Standards as approved by Benihana in its sole discretion.
This flexibility suggests that while Benihana aims for uniformity, it recognizes the need to adapt to specific circumstances or locations. For a franchisee, this could mean that certain aspects of the restaurant's operation might be tailored to better suit the local market or the unique characteristics of the location. However, any such deviations would need to be approved by Benihana.
Prospective franchisees should discuss with Benihana the types of deviations that have been previously approved and the process for requesting and obtaining approval for deviations. Understanding the scope and limitations of permissible deviations is crucial for aligning expectations and ensuring compliance with the franchise agreement.