Under the Benihana assignment agreement, can the Franchise Agreement and the Assignment be changed, modified, or amended without a subsequent agreement signed by all parties?

According to Benihana's 2024 Franchise Disclosure Document, the Franchise Agreement and the Assignment constitute the entire agreement between the involved parties regarding the assignment's subject matter. This means that the terms outlined in these documents represent the complete understanding between Benihana, the assignor, and the assignee.

Specifically, neither the Franchise Agreement nor the Assignment can be altered, changed, modified, or amended unless all parties involved sign a subsequent agreement. This requirement ensures that any changes to the original terms are mutually agreed upon and documented, providing legal clarity and protection for all parties.

This provision is fairly standard in franchise agreements to prevent unilateral changes that could negatively impact a franchisee. It ensures that all parties are in agreement regarding any modifications, thus maintaining a balanced and transparent relationship. Prospective Benihana franchisees should carefully review both the Franchise Agreement and the Assignment to fully understand their rights and obligations, as any changes will require their explicit consent.