Under what conditions does the Wisconsin Fair Dealership Law supersede provisions of the Benihana Franchise Agreement?

According to Benihana's 2024 Franchise Disclosure Document, for franchises sold in Wisconsin, the Wisconsin Fair Dealership Law supersedes any part of the Benihana Franchise Agreement that is inconsistent with the law. This means that if any clause in the franchise agreement contradicts the Wisconsin Fair Dealership Law, the state law will take precedence.

This protection is specific to franchisees operating in Wisconsin, as the addendum explicitly states it pertains to franchises sold in that state. This addendum modifies the franchise agreement to comply with Wisconsin statutes and regulations.

For a prospective Benihana franchisee in Wisconsin, this is a beneficial provision. It ensures that the franchisee is afforded the protections of the Wisconsin Fair Dealership Law, regardless of what the franchise agreement might state. Franchisees should carefully review both the franchise agreement and the Wisconsin Fair Dealership Law to understand their rights and obligations.