What specific items are included in the definition of 'Franchisee Listings' associated with Benihana?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
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- In accordance with the terms of the Franchise Agreement between Assignor and BNC, and in exchange for valuable consideration provided by BNC, receipt of which is hereby acknowledged, Assignor hereby conditionally assigns to BNC all of Assignor's right, title and interest in and to those certain telephone numbers, facsimile numbers, regular, classified or other telephone directory listings, URLs, domain names and email addresses and accounts (collectively, "Franchisee Listings") associated with BNC's trademarks and service marks used in connection with Assignor's operation of a BENIHANA restaurant located at (the "Restaurant").
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION LIST OF OUTLETS (FDD pages 67–72)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, 'Franchisee Listings' encompass several specific items related to the restaurant's contact information and online presence. These listings include telephone numbers, facsimile numbers, and various directory listings such as regular and classified telephone directory listings. Additionally, the definition extends to URLs, domain names, and email addresses and accounts associated with Benihana's trademarks and service marks. These elements are all tied to the operation of a Benihana restaurant at a specific location.
This definition is important for prospective franchisees because it clarifies what assets Benihana conditionally assigns to Benihana National Corp. (BNC). This assignment becomes effective upon the termination or expiration of the Franchise Agreement. The franchisee, referred to as the Assignor, must ensure that all amounts owed for these listings, including Yellow Pages advertising, are paid up to the effective date of the assignment.
Furthermore, the franchisee is responsible for indemnifying BNC for any costs BNC incurs to effectuate this assignment and must cooperate fully with listing companies and BNC in making the assignment. Upon termination or expiration of the franchise agreement, Benihana retains the sole right and interest in these Franchisee Listings. The franchisee must notify listing agencies to assign the listings to BNC and must not use call forwarding to another number. This ensures a clean transfer of all relevant contact and online information back to Benihana, maintaining brand consistency and control.