Does the Benihana Statement of Prospective Franchisee ask about oral promises?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
| 6. | Has any employee or other person purporting to speak on behalf of BNC made any oral, written, visual or other promises, agreements, commitments, representations, understandings, "side deals," options, rights-of-first-refusal or other of type of commitment (collectively, the "representations"), including, but not limited to, any statements that expanded upon or were inconsistent with the FDD, the Franchise Agreement, or any other written documents, with respect to any matter including advertising, marketing, site location and development, operational, marketing, or administrative assistance, exclusive rights, exclusive or protected territory, or otherwise? |
|---|---|
| Yes | |
| No |
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, the Statement of Prospective Franchisee does address oral promises. Specifically, question 6 on the statement asks whether any employee or person speaking for Benihana made any oral, written, visual, or other promises, agreements, commitments, representations, understandings, "side deals," options, rights-of-first-refusal or other type of commitment. This includes statements that expanded upon or were inconsistent with the FDD, the Franchise Agreement, or any other written documents, regarding matters like advertising, marketing, site location, operational or administrative assistance, exclusive rights, or protected territory.
This question is designed to uncover any unauthorized representations made by Benihana employees or representatives during the franchise sales process. These representations could be about various aspects of the franchise, such as potential earnings, costs, support, or territory rights. By asking this question, Benihana aims to ensure that prospective franchisees have not been given any misleading or inaccurate information that could influence their decision to invest in a franchise.
Prospective franchisees should carefully consider this question and provide an honest and complete answer. If any such promises or representations were made, it is crucial to disclose them in the questionnaire. Failure to do so could have legal implications and potentially affect the franchisee's relationship with Benihana. This process protects both the franchisee and Benihana by ensuring that all agreements and understandings are documented and consistent with the official franchise documents.