Where is the specific location of the Benihana Restaurant approved by BNC and identified?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
rance, and customer service that are a critical part of the BENIHANA System, and Franchisee acknowledges the necessity of operating the BENIHANA Restaurant franchised under this Agreement in conformity with the BENIHANA System, including the BENIHANA Standards.
- G. Franchisee seeks a license to use the Marks and the BENIHANA System in connection with the operation of a BENIHANA Restaurant at a single location specified in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
ARTICLE 1. GRANT OF FRANCHISE AND FRANCHISE TERM
- 1.1 The INTRODUCTION paragraphs set forth above are hereby incorporated in this Article 1 by reference as if set forth fully herein.
- 1.2 BNC grants to Franchisee, and Franchisee accepts, a non-exclusive franchise license to operate a single BENIHANA Restaurant (the "Restaurant") at the specific location approved by BNC and identified in the Contract Data Sheet attached as Exhibit A hereto (the "Location"), using the Marks and the BENIHANA System in accordance with the BENIHANA Standards and the terms of this Agreement. Franchisee expressly acknowledges that the franchise license granted under this Agreement is non-exclusive and that any geographic limitation on BNC's rights to use or license the Marks under this Agreement relates solely to the operation of a BENIHANA Restaurant at the Location.
- 1.3 Unless sooner terminated under with the provisions of this Agreement, the franchise license granted to Franchisee will begin on the Effective Date set forth in the Contract Data Sheet and end fifteen (15) years from the date the Restaurant opens for business to the public (the
"Franchise Term"). Franchisee agrees to operate the Restaurant in accordance with this Agreement at the Location for the entire Franchise Term.
Source: Item 23 — Receipts (FDD pages 74–576)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, the specific location of the Benihana Restaurant is approved by BNC and is identified in the Contract Data Sheet, which is attached as Exhibit A to the franchise agreement. Benihana grants the franchisee a non-exclusive franchise license to operate a single Benihana Restaurant at this approved location.
If the franchisee has not secured an approved location by the effective date of the agreement, Benihana may assist in identifying a site, but the franchisee makes the final decision. Benihana states that its approval of a location does not guarantee the restaurant's profitability or success.
The franchisee must construct the restaurant at the BNC-approved location according to the agreement and cannot relocate without prior written consent from BNC. This location is where the franchisee is authorized to operate the Benihana Restaurant, and the franchise license is limited to this specific location.