Does the Benihana Statement of Prospective Franchisee ask about options?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
EXHIBIT F TO BENIHANA NATIONAL CORP. FRANCHISE DISCLOSURE DOCUMENT
STATEMENT OF PROSPECTIVE FRANCHISEE
[TO BE COMPLETED BY ALL FRANCHISEES & GUARANTORS BEFORE SIGNING FRANCHISE AGREEMENT OR ANY EXHIBITS TO THE FRANCHISE AGREEMENT]
As you know, you and Benihana National Corp. ("BNC") are preparing to enter into a Franchise Agreement for the establishment and operation of a BENIHANA® Restaurant. The purpose of this Questionnaire is to determine whether any statements or promises were made to you by any BNC employee or representative that BNC has not authorized and that may be untrue, inaccurate, or misleading. Please review each of the following questions carefully and provide honest and complete responses to each question. The answers you provide in this Questionnaire are material to BNC, and BNC is relying on all such answers in agreeing to enter into a franchise relationship with you.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, Exhibit F is the Statement of Prospective Franchisee. This statement is completed by all franchisees and guarantors before signing the Franchise Agreement. The purpose of this questionnaire is to determine if any unauthorized statements or promises were made by any Benihana employee or representative. Benihana relies on the answers in this questionnaire when agreeing to enter into a franchise relationship.
While the exhibit is identified, the FDD excerpt does not include the actual questions asked in the Statement of Prospective Franchisee. Therefore, it is not possible to determine from this document whether the questionnaire asks about options.
A prospective franchisee should review Exhibit F within the FDD to determine if it contains questions about options. If the questions are not included, the prospective franchisee should ask Benihana directly whether any options are available and if so, what the terms and conditions are.