Does the Benihana Statement of Prospective Franchisee ask if the franchisee has received the FDD?

According to Benihana's 2024 Franchise Disclosure Document, Exhibit F includes a Statement of Prospective Franchisee that contains a questionnaire for prospective franchisees and guarantors to complete before signing the Franchise Agreement. This questionnaire aims to determine if any unauthorized statements or promises were made by Benihana employees or representatives. Benihana emphasizes that the answers provided in this questionnaire are material and relied upon when agreeing to enter into a franchise relationship.

Specifically, the questionnaire asks whether the prospective franchisee has received and personally reviewed the Benihana Franchise Disclosure Document (FDD), including all exhibits attached to it. It also asks if the franchisee signed a receipt for the FDD indicating the date they received it. These questions ensure that the franchisee has had the opportunity to review the necessary information before entering into the agreement.

This type of statement is a standard practice in franchising, intended to protect both the franchisor and franchisee by confirming that the franchisee has received and understood the FDD, which contains important information about the franchise opportunity. By requiring the franchisee to acknowledge receipt and review of the FDD, Benihana aims to minimize potential disputes or misunderstandings that could arise later in the franchise relationship.