Does the Benihana Statement of Prospective Franchisee ask about written 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 written promises. Benihana uses this statement to determine if any unauthorized statements or promises were made to the prospective franchisee.
The questionnaire asks franchisees to confirm whether any employee or representative of Benihana made any promises, agreements, or commitments, whether oral, written, visual, or otherwise, that expand upon or are inconsistent with the FDD, the Franchise Agreement, or any other written documents. These representations include, but are not limited to, statements regarding advertising, marketing, site location and development, operational, marketing, or administrative assistance, exclusive rights, or protected territory.
This is a crucial step for Benihana to ensure that all information provided to the franchisee aligns with the official documents and policies. By having prospective franchisees complete this questionnaire, Benihana aims to mitigate any misunderstandings or misrepresentations that could arise from unofficial communications. The questionnaire explicitly states that Benihana relies on the answers provided when deciding to enter into a franchise relationship.