Does the Benihana Statement of Prospective Franchisee ask about rights-of-first-refusal?
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, the Statement of Prospective Franchisee is designed to ensure that prospective franchisees have not received any unauthorized or misleading promises from Benihana employees or representatives. The document emphasizes the importance of honest and complete responses from the franchisee, as Benihana relies on these answers when entering into a franchise relationship.
However, the provided excerpts from the FDD do not contain the specific questions included in the Statement of Prospective Franchisee. Therefore, it is not possible to determine whether the questionnaire specifically asks about rights of first refusal. The FDD excerpts focus on the purpose of the statement and the franchisee's obligation to provide accurate information.
A prospective Benihana franchisee should carefully review the Statement of Prospective Franchisee when they receive it and address any concerns or discrepancies with Benihana directly. To determine if the Statement of Prospective Franchisee covers the topic of rights of first refusal, a potential franchisee should ask Benihana to provide a copy of the questionnaire and clarify whether any statements or promises were made regarding future opportunities or territories.