Regarding the Benihana assignment agreement, can it be changed, modified, or amended without a subsequent agreement signed by all parties?

According to Benihana's 2024 Franchise Disclosure Document, the assignment agreement, along with the franchise agreement, constitutes the entire agreement between the involved parties regarding the assignment's subject matter. Benihana states that neither the franchise agreement nor the assignment may be changed, modified, or amended unless a subsequent agreement is signed by all parties involved.

This clause ensures that all parties are in complete agreement regarding any changes to the assignment. This protects the franchisee, the franchisor (Benihana), and any other involved parties by requiring mutual consent for any modifications. This requirement for a written agreement signed by all parties provides a clear and legally binding record of any changes, reducing the potential for misunderstandings or disputes in the future.

This type of clause is standard in franchise agreements to maintain clarity and prevent unilateral changes that could negatively impact any party's rights or obligations. Prospective Benihana franchisees should carefully review all agreements and understand the implications of this clause, ensuring they are comfortable with the process for making future changes if necessary.