Under what condition can a Benihana franchisee deviate from the Benihana Standards?

According to Benihana's 2024 Franchise Disclosure Document, franchisees must operate their restaurants in accordance with the Benihana System and Benihana Standards. This includes purchasing or leasing required items like fixtures, signage, equipment, and supplies that conform to these standards, often from approved suppliers. Franchisees must also maintain sufficient stock of approved food and beverage items and prepare all menu items according to specified recipes.

The FDD stipulates that a franchisee cannot deviate from the Benihana Standards in any way without first obtaining written consent from Benihana. This requirement extends to menu items, products, and services offered, ensuring that only expressly approved items are sold. Benihana also reserves the right to require franchisees to offer specific products and services in a particular manner and to discontinue any items it disapproves of in writing.

This strict adherence to standards is common in franchising to maintain brand consistency and quality control across all locations. For a prospective Benihana franchisee, this means that any deviation from the established operational procedures, menu, or sourcing of supplies requires prior written approval from Benihana. This ensures uniformity but also limits the franchisee's autonomy in making independent business decisions.