Who is responsible for employing architects, designers, and engineers to adapt sample plans for a Benihana restaurant?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall, at Franchisee's sole expense, employ architects, designers, engineers, and others as may be necessary to complete, adapt, modify, or substitute the sample plans and specifications and shall submit them to BNC for review and approval.
BNC will review the plans and specifications promptly and will approve or provide comments to Franchisee on the plans and specifications.
Franchisee shall not commence construction of the Restaurant until BNC approves, in writing, the final plans and specifications to be used.
Once final plans are approved, Franchisee shall cause the Restaurant to be completed in full accordance with such plans.
- 2.5 If BNC determines that the Restaurant is not being built, or was not built, in full accordance with the final plans, BNC shall have the right to require Franchisee to cause to be made all alterations or
modifications that BNC deems necessary.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, the franchisee is solely responsible for employing architects, designers, engineers, and other necessary professionals to adapt, modify, or substitute the sample plans and specifications for the restaurant. The franchisee must also cover all expenses associated with these services. These adapted plans must then be submitted to Benihana for review and approval.
Benihana will review the submitted plans and specifications and provide comments or approval. Construction cannot begin until Benihana provides written approval of the final plans. Once approved, the franchisee is responsible for ensuring the restaurant is built in full accordance with the approved plans.
If Benihana determines that the restaurant is not being built or was not built according to the final plans, they have the right to require the franchisee to make necessary alterations or modifications. This highlights the importance of adhering to the approved plans and Benihana's standards throughout the construction process.