Under what conditions can Benihana retrieve data directly from a franchisee's POS system?

According to Benihana's 2024 Franchise Disclosure Document, Benihana has the right to retrieve all data and information directly from a franchisee's Point of Sale (POS) system as Benihana deems necessary. This means Benihana has broad authority to access a franchisee's sales data and other information stored in the POS system.

For a prospective franchisee, this implies that Benihana will have access to detailed sales and operational data. This data could be used for various purposes, such as monitoring performance, identifying trends, and ensuring compliance with Benihana standards. The franchisee is responsible for the telephonic or transmission costs associated with this data retrieval.

It is also important to note that the franchisee must purchase, install, and maintain the POS system at their own expense. The POS system must be one that Benihana designates or approves. The system must record accumulated sales that cannot be reset and include a backup power system. It must also provide records of products sold, menu mix reports, and other reports required by Benihana.