Bananas_Smoothies_Frozen_Yogurt 2025 Franchise FAQ - FDD Ninja

Question 1

Across all locations listed, how many Bananas Smoothies Frozen Yogurt outlets were operating at the end of 2024?

Accepted Answer

System Wide Outlet Summary For Years Ending December 2022, 2023 and 2024

| Outlet Type   | Year | Outlets at Start of Year | Outlets at the End of the Year | Net Change |
|---------------|------|--------------------------------|--------------------------------------------|---------------|
|               | 2022 | 14                             | 16                                         | +2            |
| Franchised    | 2023 | 16                             | 14                                         | -2            |
|               | 2024 | 14                             | 14                                         | 0             |
|               | 2022 | 9                              | 8                                          | -1            |
| Company       | 2023 | 8                              | 9                                          | +1            |
| Owned         | 2024 | 9                              | 9                                          | 0             |
|               | 2022 | 23                             | 24                                         | +1            |
| Total Outlets | 2023 | 24                             | 23                                         | -1            |
|               | 2024 | 23                             | 23                                         | 0             |

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**Table No. 2** Transfers of Franchised Outlets From Franchisees to New Owners (Other than the Franchisor) For Years Ending December 2022, 2023 and 2024

| State | Year | Number of Transfers |
|---|---|---|
| None | 2022 | 0 |
|  | 2023 | 0 |
|  | 2024 | 0 |
| TOTALS | 2022 | 0 |
|  | 2023 | 0 |
|  | 2024 | 0 |
**Table No. 3** Status of Franchised Outlets For Years Ending December 2022, 2023 and 2024

| Location     | Year | Outlets at Start of Year | Outlets Opened | Terminations | Non Renewals | Reacquired by Franchisor | Ceased Operations - Other Reasons | Outlets at End of Year |
|--------------|------|--------------------------------|-------------------|--------------|-----------------|--------------------------------|-----------------------------------------------|------------------------------|
|              | 2022 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
| Colorado     | 2023 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
|              | 2024 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
|              | 2022 | 3                              | 0                 | 0            | 0               | 0                              | 0                                             | 3                            |
| Florida      | 2023 | 3                              | 0                 | 0            | 0               | 0                              | 0                                             | 3                            |
|              | 2024 | 3                              | 0                 | 0            | 0               | 0                              | 0                                             | 3                            |
|              | 2022 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
| Louisiana    | 2023 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
|              | 2024 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
|              | 2022 | 2                              | 0                 | 0            | 0               | 0                              | 0                                             | 2                            |
| Maryland     | 2023 | 2                              | 0                 | 0            | 0               | 0                              | 0                                             | 2                            |
|              | 2024 | 2                              | 0                 | 0            | 0               | 0                              | 0                                             | 2                            |
|              | 2022 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
| New          | 2023 | 1                              | 0                 | 0            | 1               | 0                              | 0                                             | 0                            |
| Hampshire    | 2024 | 0                              | 0                 | 0            | 0               | 0                              | 0                                             | 0                            |
|              | 2022 | 1                              | 1                 | 0            | 0               | 0                              | 0                                             | 2                            |
| New Jersey   | 2023 | 2                              | 1                 | 0            | 2               | 0                              | 0                                             | 1                            |
|              | 2024 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
| New York     | 2022 | 3                              | 1                 | 0            | 0               | 0                              | 0                                             | 4                            |
|              | 2023 | 4                              | 0                 | 0            | 0               | 0                              | 0                                             | 4                            |
|              | 2024 | 4                              | 0                 | 0            | 0               | 0                              | 0                                             | 4                            |
|              | 2022 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
| Pennsylvania | 2023 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
|              | 2024 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |

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| Location  | Year | Outlets at Start of Year | Outlets Opened | Terminations | Non Renewals | Reacquired by Franchisor | Ceased Operations - Other Reasons | Outlets at End of Year |
|-----------|------|--------------------------------|-------------------|--------------|-----------------|--------------------------------|-----------------------------------------------|------------------------------|
|           | 2022 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
| Tennessee | 2023 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
|           | 2024 | 1                              | 0                 | 0            | 0               | 0                              | 0                                             | 1                            |
|           | 2022 | 14                             | 2                 | 0            | 0               | 0                              | 0                                             | 16                           |
| Total     | 2023 | 16                             | 1                 | 0            | 3               | 0                              | 0                                             | 14                           |
|           | 2024 | 14                             | 0                 | 0            | 0               | 0                              | 0                                             | 14                           |

**Table No.

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 54–57)

Question 2

Across all locations listed, how many Bananas Smoothies Frozen Yogurt outlets were operating at the start of 2022?

Accepted Answer

System Wide Outlet Summary For Years Ending December 2022, 2023 and 2024

| Outlet Type   | Year | Outlets at Start of Year | Outlets at the End of the Year | Net Change |
|---------------|------|--------------------------------|--------------------------------------------|---------------|
|               | 2022 | 14                             | 16                                         | +2            |
| Franchised    | 2023 | 16                             | 14                                         | -2            |
|               | 2024 | 14                             | 14

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 54–57)

Question 3

What were the aggregated advertising costs for Bananas Smoothies Frozen Yogurt for the year ended December 29, 2024?

Accepted Answer

ICIES (CONTINUED)**

#### Uncertain tax positions

The Company recognizes and measures its unrecognized tax benefits in accordance with FASB Accounting Standards Codification ("ASC") 740, *Income Taxes*. Under that guidance, management assesses the likelihood t

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 4

As of December 31, 2024, how many franchisees operate a combination of Green Leaf's and Bananas Smoothies Frozen Yogurt?

Accepted Answer

| LIST OF CURRENT FRANCHISEES (as of December 31, 2024) | | | | | | | | | | | | |-------------------------------------------------------|--------------------------|------------------|------------------------------------------|------------------------|-------------------------------------------------------------------------------------|--------------|--|--|--|--|--| | FRANCHISEE | Green Leaf's Brand | Bananas Brand | Green Leaf's & Bananas Brand | The Market Brand | ADDRESS | PHONE | | | | | | | New Jersey | | | | | | | | | | | | | Albertos Inc. | | 1 | N | ew York | Bridgewater Commons Mall 400 Commons Way Space 461 Bridgewater, NJ 08807 | 908-526-6072 | | | | | | | Asif Shahzad | | 1 | | | Kings Plaza Shopping Center 5371 Kings Plaza Brooklyn, NY 11234 | 718-258-3828 | | | | | | | H&A Venture, Inc. | | | 1 | | Roosevelt Field 630 Old Country Road Space FC11 Garden City, NY 11530 | 516-741-1581 | | | | | | | Villa LGA Food Hall, | 1 | | | | LaGuardia Airport Terminal B - Headhouse Food Hall Queens, NY 11371 | 718-554-9550 | | | | | | | LLC | | | | | | | | | | | | | Taco Jersey Green, Inc. | | | 1 Per | insylvania | Staten Island Mall 2655 Richmond Avenue Space FC40 Staten Island, NY 10314 | 718-791-5768 | | | | | | | AMEX FOODS, LLC | | | 1 T | ennessee | Ross Park Mall 1000 Ross Park Mall Drive Space VC06 Pittsburgh, PA 15237 | 412-358-9921 | | | | | | | Nashville Food Systems, LLC | | | 1 | | Opry Mills 439 Opry Mills Drive Space FC 1 Nashville, TN 37214 | 615-649-0433 | | | | | | | Brand Total | 1 | 2 | 10 | 1 | | | | | | | | | LIST OF CURRENT AREA DEVELOPERS (as of 12/31/24) | | |--------------------------------------------------|--| | None | | Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 5

As of December 31, 2024, how many franchisees of Bananas Smoothies Frozen Yogurt also operate under the Green Leaf's Brand?

Accepted Answer

| LIST OF CURRENT FRANCHISEES (as of December 31, 2024) | | | | | | | | | | | | |-------------------------------------------------------|--------------------------|------------------|------------------------------------------|------------------------|-------------------------------------------------------------------------------------|--------------|--|--|--|--|--| | FRANCHISEE | Green Leaf's Brand | Bananas Brand | Green Leaf's & Bananas Brand | The Market Brand | ADDRESS | PHONE | | | | | | | New Jersey | | | | | | | | | | | | | Albertos Inc. | | 1 | N | ew York | Bridgewater Commons Mall 400 Commons Way Space 461 Bridgewater, NJ 08807 | 908-526-6072 | | | | | | | Asif Shahzad | | 1 | | | Kings Plaza Shopping Center 5371 Kings Plaza Brooklyn, NY 11234 | 718-258-3828 | | | | | | | H&A Venture, Inc. | | | 1 | | Roosevelt Field 630 Old Country Road Space FC11 Garden City, NY 11530 | 516-741-1581 | | | | | | | Villa LGA Food Hall, | 1 | | | | LaGuardia Airport Terminal B - Headhouse Food Hall Queens, NY 11371 | 718-554-9550 | | | | | | | LLC | | | | | | | | | | | | | Taco Jersey Green, Inc. | | | 1 Per | insylvania | Staten Island Mall 2655 Richmond Avenue Space FC40 Staten Island, NY 10314 | 718-791-5768 | | | | | | | AMEX FOODS, LLC | | | 1 T | ennessee | Ross Park Mall 1000 Ross Park Mall Drive Space VC06 Pittsburgh, PA 15237 | 412-358-9921 | | | | | | | Nashville Food Systems, LLC | | | 1 | | Opry Mills 439 Opry Mills Drive Space FC 1 Nashville, TN 37214 | 615-649-0433 | | | | | | | Brand Total | 1 | 2 | 10 | 1 | | | | | | | | Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 6

As of December 31, 2024, how many franchisees of Bananas Smoothies Frozen Yogurt operate under The Market Brand?

Accepted Answer

| LIST OF CURRENT FRANCHISEES (as of December 31, 2024) | | | | | | | | | | | | |-------------------------------------------------------|--------------------------|------------------|------------------------------------------|------------------------|-------------------------------------------------------------------------------------|--------------|--|--|--|--|--| | FRANCHISEE | Green Leaf's Brand | Bananas Brand | Green Leaf's & Bananas Brand | The Market Brand | ADDRESS | PHONE | | | | | | | New Jersey | | | | | | | | | | | | | Albertos Inc. | | 1 | N | ew York | Bridgewater Commons Mall 400 Commons Way Space 461 Bridgewater, NJ 08807 | 908-526-6072 | | | | | | | Asif Shahzad | | 1 | | | Kings Plaza Shopping Center 5371 Kings Plaza Brooklyn, NY 11234 | 718-258-3828 | | | | | | | H&A Venture, Inc. | | | 1 | | Roosevelt Field 630 Old Country Road Space FC11 Garden City, NY 11530 | 516-741-1581 | | | | | | | Villa LGA Food Hall, | 1 | | | | LaGuardia Airport Terminal B - Headhouse Food Hall Queens, NY 11371 | 718-554-9550 | | | | | | | LLC | | | | | | | | | | | | | Taco Jersey Green, Inc. | | | 1 Per | insylvania | Staten Island Mall 2655 Richmond Avenue Space FC40 Staten Island, NY 10314 | 718-791-5768 | | | | | | | AMEX FOODS, LLC | | | 1 T | ennessee | Ross Park Mall 1000 Ross Park Mall Drive Space VC06 Pittsburgh, PA 15237 | 412-358-9921 | | | | | | | Nashville Food Systems, LLC | | | 1 | | Opry Mills 439 Opry Mills Drive Space FC 1 Nashville, TN 37214 | 615-649-0433 | | | | | | | Brand Total | 1 | 2 | 10 | 1 | | | | | | | | Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 7

As of December 31, 2024, how many franchisees solely operate a Bananas Smoothies Frozen Yogurt location?

Accepted Answer

| LIST OF CURRENT FRANCHISEES (as of December 31, 2024) | | | | | | | | | | | | |-------------------------------------------------------|--------------------------|------------------|------------------------------------------|------------------------|-------------------------------------------------------------------------------------|--------------|--|--|--|--|--| | FRANCHISEE | Green Leaf's Brand | Bananas Brand | Green Leaf's & Bananas Brand | The Market Brand | ADDRESS | PHONE | | | | | | | New Jersey | | | | | | | | | | | | | Albertos Inc. | | 1 | N | ew York | Bridgewater Commons Mall 400 Commons Way Space 461 Bridgewater, NJ 08807 | 908-526-6072 | | | | | | | Asif Shahzad | | 1 | | | Kings Plaza Shopping Center 5371 Kings Plaza Brooklyn, NY 11234 | 718-258-3828 | | | | | | | H&A Venture, Inc. | | | 1 | | Roosevelt Field 630 Old Country Road Space FC11 Garden City, NY 11530 | 516-741-1581 | | | | | | | Villa LGA Food Hall, | 1 | | | | LaGuardia Airport Terminal B - Headhouse Food Hall Queens, NY 11371 | 718-554-9550 | | | | | | | LLC | | | | | | | | | | | | | Taco Jersey Green, Inc. | | | 1 Per | insylvania | Staten Island Mall 2655 Richmond Avenue Space FC40 Staten Island, NY 10314 | 718-791-5768 | | | | | | | AMEX FOODS, LLC | | | 1 T | ennessee | Ross Park Mall 1000 Ross Park Mall Drive Space VC06 Pittsburgh, PA 15237 | 412-358-9921 | | | | | | | Nashville Food Systems, LLC | | | 1 | | Opry Mills 439 Opry Mills Drive Space FC 1 Nashville, TN 37214 | 615-649-0433 | | | | | | | Brand Total | 1 | 2 | 10 | 1 | | | | | | | | | LIST OF CURRENT AREA DEVELOPERS (as of 12/31/24) | | |--------------------------------------------------|--| | None | | Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 8

What is the developer's obligation regarding site selection for a Bananas Smoothies Frozen Yogurt franchise?

Accepted Answer

#### 5. **SITE SELECTION/FRANCHISES.**

Subject to the provisions of this Agreement, Franchisor will grant franchises to Developer for the operation of EYB Concepts to be located within the Development Area on the following conditions:

- 5.1 **Site Reports.** Developer agrees to submit to Franchisor a complete report (containing such information and collateral materials as Franchisor requires from time to time) for each Site at which Developer proposes to establish and operate an EYB Concept, before Developer acquires any interest in it (by lease or purchase). A complete site report should contain demographic, commercial and market feasibility studies, a site plan, photographs and such other information as Franchisor determines appropriate periodically. Each Site Developer submits must be based on Developer's belief that it conforms to the site criteria Franchisor establishes from time to time.
- 5.2 **Site Evaluation.** Franchisor will evaluate all proposed Sites and all Sites are subject to Franchisor's prior written acceptance. In evaluating a Site that Developer proposes, Franchisor will consider such matters as demographic characteristics of the proposed site, traffic patterns, land use and zoning, licensing and regulatory concerns, residential and recreational quality, parking, character of the neighborhood, renovation and construction concerns, competition from other facilities in the area, the proximity to other facilities, the nature of other businesses and EYB Concepts in proximity to the Site and other commercial and residential characteristics (including the purchase price, rental obligations and other lease or acquisition terms for the proposed Site), and the size, appearance and other physical characteristics of the Site. Developer agrees to obtain Franchisor's prior written consent to the Site before Developer signs any lease for, or a binding purchase agreement for, the proposed Site.
- 5.3 **Site Acceptance.** Franchisor may withhold consent to a Site for any reason Franchisor deems to be based on its good faith business judgment. Franchisor will, by delivery of written notice to Developer, accept or reject each Site proposed by you for the operation of an EYB Concept.

![](_page_145_Picture_0.jpeg)

Franchisor agrees to exert commercially reasonable efforts to notify you within 30 days after Franchisor has received the complete site report and other materials Franchisor has requested.

- 5.4 **Effect of Acceptance.** Franchisor's acceptance of the Site (including its location, appearance and size) indicates only that Franchisor believes it falls within the acceptable criteria Franchisor has established at that time.

Developer acknowledges and agrees that:

- (a) Franchisor's acceptance of the Site does not imply, assure, guaranty, warrant or predict profitability or success, express or implied;

- (b) application of criteria that have been effective with respect to other Sites may not be predictive of the potential for all Sites and that, subsequent to Franchisor's acceptance of a Site, demographic and/or economic factors included in, or excluding from, Franchisor's criteria could change, thereby altering the potential of a Site;

- (c) the uncertainty and instability of such criteria are beyond Franchisor's control and Franchisor is not responsible for the failure of a Site approved by Franchisor to meet expectations as to potential revenue or operational criteria; and

- (d) Developer's acceptance of a franchise for the operation of an EYB Concept at a site Developer proposes is based upon your own independent investigation of the suitability of that location and that Site even though we may provide guidance and assistance to you in selecting the Site for your EYB Concept.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 9

What is the effect of Bananas Smoothies Frozen Yogurt accepting a proposed site?

Accepted Answer

Franchisor agrees to exert commercially reasonable efforts to notify you within 30 days after Franchisor has received the complete site report and other materials Franchisor has requested.

- 5.4 **Effect of Acceptance.** Franchisor's acceptance of the Site (including its location, appearance and size) indicates only that Franchisor believes it falls within the acceptable criteria Franchisor has established at that time.

Developer acknowledges and agrees that:

- (a) Franchisor's acceptance of the Site does not imply, assure, guaranty, warrant or predict profitability or success, express or implied;

- (b) application of criteria that have been effective with respect to other Sites may not be predictive of the potential for all Sites and that, subsequent to Franchisor's acceptance of a Site, demographic and/or economic factors included in, or excluding from, Franchisor's criteria could change, thereby altering the potential of a Site;

- (c) the uncertainty and instability of such criteria are beyond Franchisor's control and Franchisor is not responsible for the failure of a Site approved by Franchisor to meet expectations as to potential revenue or operational criteria; and

- (d) Developer's acceptance of a franchise for the operation of an EYB Concept at a site Developer proposes is based upon your own independent investigation of the suitability of that location and that Site even though we may provide guidance and assistance to you in selecting the Site for your EYB Concept.

- 5.5 **Franchise Agreement.** If Franchisor has accepted, and Developer has obtained lawful possession of or a formal commitment for the Site, Franchisor will offer Developer a franchise to operate an EYB Concept at the proposed Site by delivering to Developer a Franchise Agreement in a form ready for signing by Developer (or an affiliate).

Franchisor understands and agrees that we may modify the Franchise Agreement from time to time; however, any modifications during the term of this Agreement will not vary the amount of the Franchise Fee, royalty fees or other fees to be paid to Franchisor.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 10

When simultaneously purchasing Green Leaf's Beyond Great Salads Concept and Bananas Smoothies Frozen Yogurt Concept, what is the estimated total initial investment range, excluding real estate and grand opening costs?

Accepted Answer

- ¹⁴ Our current estimates of your initial investment for the franchised businesses offered are set forth above. The various schedules presented illustrate your initial investment if you acquire the franchised businesses separately or in combination. The actual amounts you incur may be higher, however, if particular circumstances apply to the location of your Franchised Business or to your region of the country. We calculate the initial phase of business to be three months following the completion of construction. We relied on our past experience in the franchised restaurant industry with franchisee and company-owned restaurants when preparing these figures. Except as otherwise noted, none of these payments are refundable. These payments are only estimates and your costs may be higher, depending on your particular circumstances, for example whether you are located within an airport, casino, transportation area or some other non-traditional location. You should review these figures carefully with a business advisor, accountant or attorney before making any decision to purchase a franchise. We do not offer any financing for your initial investment. The availability and terms of financing with third-party lenders will depend on factors such as the availability of financing generally, your creditworthiness and policies of lending institutions concerning the type of business to be operated. #### **YOUR ESTIMATED INITIAL INVESTMENT** #### **For simultaneous purchase of Green Leaf's Beyond Great Salads Concept and Bananas Smoothies & Frozen Yogurt Concept** Source: Item 7 — ESTIMATED INITIAL INVESTMENT (FDD pages 19–31)

Question 11

What is the total estimated initial investment range for a Bananas Smoothies Frozen Yogurt franchise, excluding real estate and grand opening costs?

Accepted Answer

ant. Note 4 below.) |  |  |  |
Note 1: The Area Development Fee listed above is for two (2) locations which are the minimum number of locations we require to enter into an Area Development Agreement. Inside the Continental U.S., the total investment is \$72,500 to \$110,000 USD for two (2) locations (\$25,000 USD initial franchise fee for each location). Outside the Continental U.S. [Alaska, Hawaii and U.S. Territories] the total investment is \$92,500 to \$130,000 USD for two (2) locations (\$35,000 USD initial franchise fee for each location). The maximum number of locations we will contract for under the Area Development Agreement is negotiated and dependent upon the territory requested.

Note 2: If you participate in the Area Development Program you must own and operate a minimum of two franchised locations. Included in the amount set forth is the full franchise fee of \$25,000 USD for each of the two Green Leaf's Beyond Great Salads and/or Bananas Smoothies & Frozen Yogurt franchised restaurant concepts in the Continental U.S. (\$35,000 USD for each franchised restaurant when located outside of the Continental U.S. [Alaska, Hawaii and U.S. Territories]) of which one half of the total initial franchise fee is due upon signing

![](_page_30_Picture_0.jpeg)

the Deposit Agreement (\$25,000 USD) and the balance of the initial franchise fee for the second location (in this example would be \$25,000 USD) is paid upon signing the Franchise Agreement.

Note 3: All fees payable to us are fully earned when paid and non-refundable.

Note 4: This Area Development investment does not include your estimated initial investment for beginning operation of each franchised restaurant. Those costs are set out in Item 7.

Source: Item 7 — ESTIMATED INITIAL INVESTMENT (FDD pages 19–31)

Question 12

Does the Bananas Smoothies Frozen Yogurt Area Development Agreement define 'cause' for termination differently than the Franchise Agreement?

Accepted Answer

| Provision                                                          | Section in Franchise Agreement                           | Section in the Area Development Agreement | Summary                                                                                                                                                                                                            |
|--------------------------------------------------------------------|----------------------------------------------------------------|----------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|  | Sec. 1 of Sublease Agreement |  |  |
| b. | Sec. 2 of the | §§2.2-2.4 | 1 additional 10-year term over terms |
| Renewal or extension |  |  |  |
| of the term | Franchise Agreement |  | of then-current Franchise Agreement |
| c. Requirements for franchisee to renew or extend | Sec. 2 of the Franchise Agreement | §2.2 | Notice, satisfaction of monetary obligations, compliance with Franchise Agreement, execute the then current Franchise Agreement, which may have materially different terms and conditions from your original contract, payment of a renewal fee, and others |
| d. | Not | None | You may not terminate the Franchise |
| Termination by |  |  |  |
| franchisee e. Termination by | Applicable Sec. 19 of | None | Agreement If the restaurant lease is not signed |
| franchisor without cause | the Franchise Agreement |  | within 9 months after execution of the Franchise Agreement |
| f. | Sec. 19 of | §9 | Default under the Franchise |
| Termination by |  |  |  |
| franchisor with cause | the Franchise Agreement |  | Agreement, bankruptcy, abandonment, and others |
| g. "Cause" defined – curable defaults | Sec. 19 of the Franchise Agreement | §9 | Failure to pay monies owed to us, failure to maintain required standards, violation of any federal, state or local law, and others |
| h. "Cause" defined – non-curable defaults | Sec. 19 of the Franchise Agreement | §9 | Bankruptcy, voluntary abandonment, conviction of felony, violation of in term covenants, and others |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 49–52)

Question 13

What fees did the affiliate company restaurants not pay that a franchised Bananas Smoothies Frozen Yogurt restaurant would pay?

Accepted Answer

There is a difference between the above 6 affiliate/corporate restaurants and the 10 franchise restaurants. Affiliate company restaurants did not pay an initial franchise fee, nor did they pay royalty fees or a national advertising fund fee, otherwise there was no difference.

Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 52–54)

Question 14

Is the Bananas Smoothies Frozen Yogurt franchise offered for sale in the same disclosure document as the Green Leaf's Beyond Great Salads concept?

Accepted Answer

We offer either Green Leaf's Beyond Great Salads franchises or "Bananas Smoothies & Frozen Yogurt" franchises as standalone concepts or the Green Leaf's Beyond Great Salads and our Bananas Smoothies & Frozen Yogurt concept together under this disclosure document. In certain instances we may require you to use a name other than Green Leaf's Beyond Great Salads and/or Bananas Smoothies & Frozen Yogurt, in which case you will use our mark – "The Market By Villa."

Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSOR AND AFFILIATES (FDD pages 8–11)

Question 15

What is the initial franchise fee for Bananas Smoothies Frozen Yogurt outside the continental United States (Item 5), and how does it compare to the fee within the continental United States (Item 5)?

Accepted Answer

reat Salads

We charge franchisees a standard initial franchise fee of \$25,000 (outside the Continental United States [Hawaii & U.S. Territories] the initial franchise fee is \$35,000) due upon execution of the Franchise Agreement for our Green Leaf's Beyond Great Salads franchise. If you decide to also purchase our Bananas Smoothies & Frozen Yogurt concept using one or more of the Bananas core products there is an additional initial franchise fee of \$2,200.

We offer a special discount of 20% off the Initial Franchise Fee of the Green Leaf's Beyond Great Salads franchise for all our U.S. Military Veterans.

The Initial Franchise Fee is non-refundable.

Question 16

What is the standard initial franchise fee for a Bananas Smoothies Frozen Yogurt franchise within the continental US (Item 5) and how does it compare to the initial franchise fee outside the continental US (Item 5)?

Accepted Answer

ozen Yogurt

We charge franchisees a standard Initial Franchise Fee of \$22,000 upon execution of the Franchise Agreement for our Bananas Smoothies & Frozen Yogurt concept.

We offer a special discount of 20% off the Initial Franchise Fee of the Bananas Smoothies & Frozen Yogurt franchise for all our U.S. Military Veterans.

The Initial Franchise Fee is non-negotiable. The purpose of the Initial Franchise Fee is to reimburse us for costs, including but not limited to, training and design assistance.

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If you have not signed the necessary lease documentation within nine months after signing the Franchise Agreement, you or we may terminate the Franchise Agreement.

Question 17

If any restrictions are currently recorded against the franchisee's real estate, what must a Bananas Smoothies Frozen Yogurt franchisee do to obtain SBA-assisted financing?

Accepted Answer

• If the Franchisee owns the real estate where the franchisee location is operating, Franchisor has not and will not during the term of the Franchise Agreement record against the real estate any restrictions on the use of the property, including any restrictive covenants, branding covenants or environmental use restrictions. If any such restrictions are currently recorded against the

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Franchisee's real estate, they must be removed in order for the Franchisee to obtain SBA-assisted financing.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 18

As of 2008, can the Bananas Smoothies Frozen Yogurt franchise be purchased in conjunction with the Green Leaf's Beyond Great Salads franchise?

Accepted Answer

As of 2008 the Bananas Smoothies & Frozen Yogurt franchise may be purchased as a standalone franchise or as an additional concept that can be purchased in conjunction with the Green Leaf's Beyond Great Salads franchise. The Bananas Smoothies & Frozen Yogurt concept offers a combination of at least one of our branded products (*i.e.*, Everything Yogurt brand proprietary yogurt, Bananas smoothies and frosties made with our proprietary products, and/or our hand-rolled Pretzels, made with our proprietary pretzel flour). In certain instances we may require you to use a name other than Green Leaf's Beyond Great Salads and/or Bananas Smoothies & Frozen Yogurt, in which case you will use our mark – "The Market By Villa."

Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSOR AND AFFILIATES (FDD pages 8–11)

Question 19

As of 2008, can the Bananas Smoothies Frozen Yogurt franchise be purchased as a standalone franchise?

Accepted Answer

As of 2008 the Bananas Smoothies & Frozen Yogurt franchise may be purchased as a standalone franchise or as an additional concept that can be purchased in conjunction with the Green Leaf's Beyond Great Salads franchise. The Bananas Smoothies & Frozen Yogurt concept offers a combination of at least one of our branded products (*i.e.*, Everything Yogurt brand proprietary yogurt, Bananas smoothies and frosties made with our proprietary products, and/or our hand-rolled Pretzels, made with our proprietary pretzel flour). In certain instances we may require you to use a name other than Green Leaf's Beyond Great Salads and/or Bananas Smoothies & Frozen Yogurt, in which case you will use our mark – "The Market By Villa."

Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSOR AND AFFILIATES (FDD pages 8–11)

Question 20

According to the Bananas Smoothies Frozen Yogurt agreement, what is the effect of filing a supersedeas bond on a final judgment?

Accepted Answer

Under Minn. Rule 2860.4400J, (1) a franchisee cannot waive any rights, (2) the franchisee cannot consent to the franchisor obtaining injunctive relief, although the franchisor may seek injunctive relief, and (3) a franchisee cannot be required to consent to waiver of a jury trial. In addition, a court will determine whether a bond is required. Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 21

According to the Bananas Smoothies Frozen Yogurt agreement, what happens if the franchisee loses the right to do business in the jurisdiction where the restaurant is located?

Accepted Answer

- 19.02 Grounds for Immediate Termination.

Franchisee shall be deemed to be in default and Franchisor may, at its option, terminate this Agreement and all rights granted hereunder, without affording Franchisee any opportunity to cure the default, effective immediately upon the provision of written notice to Franchisee by Franchisor (in the manner set forth in Paragraph 26 hereof), upon the occurrence of any of the following events:

- (a) If Franchisee fails to commence operation of the Restaurant pursuant to the time set forth in Paragraphs 3 and 5, or ceases to operate the Restaurant, or loses the right to possession of the premises or otherwise forfeits the right to do or transact business in the jurisdiction where the Restaurant is located; provided, however, that if any such loss of possession results from the governmental exercise of the power of eminent domain, or if, through no fault of Franchisee, the premises are damaged or destroyed by a disaster such that they cannot, in Franchisor's judgment, reasonably be restored, then in either such event this Agreement shall not be terminated for that reason for sixty (60) days thereafter, provided Franchisee applies within that time for approval to relocate, for the remainder of the term hereof, to other premises, which approval shall not be withheld unreasonably.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 22

According to the Bananas Smoothies Frozen Yogurt agreement, what happens if any provision of the agreement would not be enforceable under New Jersey law?

Accepted Answer

Except to the extent governed by the United States Trademark Act of 1946 (Laham Act, 15. U.S.C. Sections 1050 et seq.), this Agreement shall be construed under the laws of the State of New Jersey, provided the foregoing shall not constitute a waiver of any of Franchisee's rights under any applicable franchise law of another state. Otherwise, in the event of any conflict of law, New Jersey law will prevail, without regard to its conflict of law principles. However, if any provision of this Agreement would not be enforceable under New Jersey law, and if the Restaurant Premises is located outside of New Jersey and such provision would be enforceable under the laws of the state in which the Restaurant Premises is located, then such provision shall be construed under the laws of that state. Nothing in this Paragraph is intended to subject this agreement to any franchise or similar law, rule or regulation of the State of New Jersey to which it otherwise would not be subject.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 23

According to the amendment to paragraph 18.02 of the Bananas Smoothies Frozen Yogurt Franchise Agreement, are franchisees required to sign a general release under Minn. Rule 2860.4400D?

Accepted Answer

Paragraph 18.02 of the Franchise Agreement is amended by the inclusion of the following:

- Under Minn.

Rule 2860.4400D, we are prohibited from requiring you to sign a general release.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 24

What action must I take to potentially receive a refund of the initial franchise fee for Green Leaf's Beyond Great Salads if the Franchise Agreement is terminated, and how does this relate to a Bananas Smoothies Frozen Yogurt purchase?

Accepted Answer

assistance.

If you have not signed the necessary lease documentation within nine months after signing the Franchise Agreement, you or we may terminate the Franchise Agreement. In that event, we will refund from 20% to 100% of the initial franchise fee depending upon the costs and expenses we have incurred as long as you and your owners sign a general release satisfactory to us. If you fail to open the restaurant within six months after the site has been made available (or a different date if specified in the lease), we may terminate the Franchise Agreement. In that event we will refund from 20% to 100% of the initial franchise fee depending upon the costs and expenses we have incurred in connection with the franchise as long as you and your owners sign a general release satisfactory to us. There are no refunds under other circumstances.

Source: Item 5 — INITIAL FEES (FDD pages 15–17)

Question 25

Does the addendum to the Bananas Smoothies Frozen Yogurt FDD affect the conditions for franchisor approval of transfer?

Accepted Answer

3. The following is added to the end of the "Summary" sections of Item 17(c), titled "Requirements for franchisee to renew or extend," and Item 17(m), entitled "Conditions for franchisor approval of transfer":

However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687(4) and 687(5) be satisfied.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 26

Does the addendum to the Bananas Smoothies Frozen Yogurt FDD affect the franchisee's rights to renew or extend the franchise agreement?

Accepted Answer

Paragraphs 19.02 and 19.03 of the Franchise Agreement is amended by the inclusion of the following:

- With respect to franchises governed by Minnesota law, the franchisor will comply with Minn.

Stat.

Sec. 80C, 14 Subds. 3, 4, and 5 which require, except in certain specified cases, that a franchisee be given ninety (90) days notice of termination (with sixty (60) days to cure) and one hundred eighty 180 days notice for non-renewal of the franchise agreement.

- 3.

Paragraph 29.01 of the Franchise Agreement is amended by the inclusion of the following:

- Minn.

Stat. § 80C.21 and Minn.

Rule 2860.4400J prohibit us from requiring litigation to be conducted outside Minnesota.

In addition, nothing in the Disclosure Document or agreement can abrogate or reduce any of your rights as provided for in Minnesota Statutes, Chapter 80C, or your rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 27

Does the Bananas Smoothies Frozen Yogurt agreement allow a franchisee to operate a restaurant selling similar items if they operated it prior to entering the agreement?

Accepted Answer

- (ii) Own, maintain, advise, help, invest in or make loans to, be employed by, engage in or have any interest in any business (including any business operated by Franchisee prior to entry into the Agreement) that operates a restaurant which, in whole or in part, sells the same or similar types of food and beverages as Franchisor or any of its franchisees including without limitation that which is sold by Franchisee at the Restaurant and specifically including salads, wraps, paninis, frozen yogurt and smoothies, including, but not limited to, any of the specific items set forth in Exhibit "One H".

Franchisee's

![](_page_93_Picture_0.jpeg)

Existing Locations, set forth on the Summary Page and made a part hereof is (are) hereby excluded from this paragraph.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 28

Besides the listed insurance, is a Bananas Smoothies Frozen Yogurt franchisee required to obtain any other insurance?

Accepted Answer

it in writing.

#### Insurance

You must maintain in force, naming us as an additional insured, at a minimum the following insurance:

- 1. Property insurance on a "Special Form" perils basis, covering the full replacement value of the Franchised Restaurant (Improvements and Betterments) and all of its Business Personal Property. Policy shall carry a Replacement Cost Valuation, a prescribed Amount endorsement, (no coinsurance) and a deductible not to exceed \$2,500. Amount of coverage shall be not less than the full replacement cost of all such property. We may request, from time to time, a reasonable increase in the amount of such property insurance in order to account for inflationary trends.
- 2. Equipment Breakdown covering the full replacement value of the Franchised Restaurant equipment, including business interruption and Spoilage resulting from such breakdown.
- 3. Business Interruption insurance, in sufficient amount to cover net profit plus continuing expenses (including payments to us for loss of royalties, advertising fees and other required remittance due under our Franchise Agreement for a period of six months) for a period of at least one year, as a result of any insurable interruption in Franchisee's business operations.
- 4. Crime insurance, to include Employee Dishonesty, Money & Securities, Counterfeit Currency and Forgery & Alteration.
- 5. Comprehensive General Liability insurance, including premises/ operations, products/completed operations, liquor liability if applicable, contractual liability, and liability for the acts of independent contractors, with Bodily Injury/Property Damage Liability limits of not less than One Million Dollars (\$1,000,000) Per Occurrence and Two Million Dollars (\$2,000,000) Per Location Aggregate. Employee Benefit Liability to be included.
- 6. Workers' Compensation/Employer's Liability insurance, with limits of not less than One Million Dollars (\$1,000,000), as well as such other insurance as may be required by statute or regulation of the state or locality in which the Franchised Restaurant is located and operated.
- 7. Comprehensive Automobile Liability insurance covering both owned and non-owned vehicles owned and/or operated by Franchisee, with limits of not less than One Million Dollars (\$1,000,000) Bodily Injury/Property Damage liability or, in the alternative, One Million Dollars (\$1,000,000) Bodily Injury and Two Hundred Fifty Thousand (\$250,000) Property Damage Liability.
- 8. Commercial Umbrella Liability insurance, with limits of not less than Two Million Dollars (\$2,000,000) Per Occurrence and Two Million Dollars (\$2,000,000) Aggregate, and arranged to cover over all above primary underlying coverages without gap (General Liability, Liquor Liability (if applicable), Employee Benefit Liability, Employers Liability, and Automobile Liability).
- 9. Contractor's Insurance. In connection with any construction, renovation, refurbishing, or remodeling of the restaurant, Franchisee will cause the general contractor to maintain Comprehensive General Liability insurance

![](_page_34_Picture_0.jpeg)

(including products/completed operations and independent contractors coverage) with limits of at least One Million Dollars (\$1,000,000) Per Occurrence and Two Million Dollars (\$2,000,000) Aggregate, naming FRANCHISOR as an additional insured; Comprehensive Automobile Liability; Workers' Compensation; and such other insurance as may be required by law. In the event of new construction, the general contractor shall maintain Builders' Risk coverage on a "Special Form" perils basis, sufficient to cover the completed value of such new construction, naming FRANCHISEE as Loss Payee.

- 10. Rental value insurance (in an amount sufficient to cover the rents and other fees due the landlord and/or Merchants' Association under the lease, if any, during any period of business interruption or inability to operate the Franchised Restaurant) or such greater amounts of insurance as required by the lease for the Franchised Restaurant.
- 11. Sign coverage for 100% replacement value of sign.
- 12. Coverage enhancements:
  - Personal Property off Premises
  - Property in Transit
  - Ordinance or Law
  - Spoilage of Perishable Goods
  - Off-premises Power Interruption
  - Food Spoilage/Contamination
  - EDP Equipment and software
  - Fine Arts
  - Personal Effects
  - Valuable Papers and Records
  - Outdoor Signs
  - Interior Glass
  - Fire Suppression System Recharge
  - Sewer or Drain Backup
  - Accounts Receivable
  - Cyber Liability & Expense Reimbursement
  - Trade Name Restoration
  - Named Windstorm, Flood and Earthquake
- 13. You shall carry any additional insurance covering such additional risks or providing higher limits as we may request. For instance, we may require you to have Employer Practices Liability Insurance (EPLI) and name us as an additional insured.

All insurance policies must be issued by carriers rated not less than A-1X by Best's Rating Guide (or equivalent) we have approved and who are authorized to do business in the state where the restaurant is located, must contain the types and minimum amounts of coverage, exclusions and maximum deductibles as we prescribe from time to time, must name us, our designees and our affiliates as additional insureds, must provide for 30 days' prior written notice to us of any material modification, cancellation or expiration of such policy and must include all other provisions we may require from time to time. Franchisee shall deliver copies of policies or certificates of insurance 7 days prior to opening the Restaurant for business.

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#### **ITEM 9 FRANCHISEE'S OBLIGATIONS**

**This table lists Your principal obligations under the franchise and other agreements.

Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 31–36)

Question 29

Besides the U.S. Trademark Act, what state's laws generally apply to the Bananas Smoothies Frozen Yogurt Franchise Agreement, and what is the exception regarding the Sublease?

Accepted Answer

| Provision                                                  | Section in Franchise Agreement        | Section in the Area Development Agreement | Summary                                                                                                                                                                                                                                                                                                                                                                                                     |
|------------------------------------------------------------|---------------------------------------------|----------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| u. Dispute resolution by arbitration or mediation | Not Applicable | Not Applicable |  |
| v. Choice of forum | Sec. 29 of the Franchise Agreement | §13.5 (a) | In Federal Court, the U.S. District Court in the Newark vicinage of New Jersey or in State Court, if by Franchisor either Morris, Essex or Union County, New Jersey or if by Franchisee, in Morris County, New Jersey. Franchisor may initiate injunctive relief in any court of competent jurisdiction pursuant to the Franchise Agreement or Area Development Agreement. |
| w. Choice of law | Sec. 29 of the Franchise Agreement | §13.5 (a) | Except to the extent governed by the U.S. Trademark Act, New Jersey law applies generally, except for applicable franchise laws of other states Laws of the state in which the premises are located governs the Sublease.* |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 49–52)

Question 30

What other brand name might a Bananas Smoothies Frozen Yogurt franchisee be required to use in certain instances?

Accepted Answer

In certain instances we may require you to use a name other than Green Leaf's Beyond Great Salads and/or Bananas Smoothies & Frozen Yogurt, in which case you will use our mark – "The Market By Villa."

Source: Item 7 — ESTIMATED INITIAL INVESTMENT (FDD pages 19–31)

Question 31

What is the condition for the Bananas Smoothies Frozen Yogurt Sublessee to operate a Restaurant?

Accepted Answer

| WHEREAS, Everything Yogurt Brands, LLC ("Franchisor") and Sublessee (as "Franchisee"
| have previously executed the current Franchise Agreement ("Franchise Agreement") under which the
| Sublessee will operate a Restaurant as the term is defined in the Franchise Agreement subject to the term
| of the Franchise Agreement and this Sublease; and Sublessee acknowledges that Landlord may unilaterally
| modify the Lease for the Demised Premises in which case this Sublease Agreement may be amended
| modify the Leade for the Definition Fromtier in which case this subjects regionitely the difficult

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 32

What are the conditions for Everything Yogurt Brands, LLC to remove items and make modifications upon termination of the lease for a Bananas Smoothies Frozen Yogurt franchise?

Accepted Answer

ng noticed by giving landlord written notice of its new address. Landlord will notify both Tenant and Everything Yogurt Brands, LLC of any changes in Landlord's mailing address to which notices should be sent.

**Termination or Expiration.** On the expiration or termination of either the Lease or the Franchise Agreement, Landlord will allow Everything Yogurt Brands, LLC to enter the Premises, without being guilty of trespass and without incurring any liability to Landlord, (a) to remove all signs, advertising, logos, and other items identifying the Premises as a Franchised Restaurant and (b) to make any other modifications as are reasonable necessary: (i) to protect Everything Yogurt Brands, LLC's proprietary marks and the Everything Yogurt Brands, LLC system and (ii) to distinguish the Premises from a Franchised Restaurant.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 33

What conditions must be met for an amendment to the Addendum to be valid for a Bananas Smoothies Frozen Yogurt franchise?

Accepted Answer

- **8.** Amendments. No amendment or variation of the terms of this Addendum is valid unless (i) made in writing and signed by Landlord and Tenant and (ii) Everything Yogurt Brands, LLC has provided its consent to the amendment. Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 34

What are the conditions that must be met to qualify for the Bananas Smoothies Frozen Yogurt Franchisee Sponsorship Program?

Accepted Answer

account.
- 3a We currently have a new Franchisee Sponsorship Program that allows you to receive a check for Two-Thousand-Five Hundred (\$2,500) Dollars when you sponsor one new Franchisee who we approve in our sole and absolute discretion as a Franchisee and who executes our then current Franchise Agreement and all other required franchise documents within twelve (12) months of the date you refer the prospect to us. To qualify, the prospect must not have previously contacted us about a franchise nor ever been a sponsored prospect before or who owns or shares ownership in an existing restaurant and after executing our Franchise Agreement and other related documents the Franchisee you referred must open the franchise restaurant for business. This sponsorship program only applies to the Restaurant described in Item 7 (excluding any conversions). We reserve the right to discontinue this program at any time, however, we will honor any sponsorship made during the existence o

Source: Item 6 — OTHER FEES (FDD pages 17–19)

Question 35

Does the confidentiality agreement for Bananas Smoothies Frozen Yogurt specify any exceptions to the confidentiality obligations?

Accepted Answer

Confidants accordingly agree that they shall not, at any time during the term of this Agreement or after termination, expiration or non-renewal of this Agreement, without Franchisor's prior written consent, disclose (except to such employees or agents as must have access to such information in order to construct or operate the restaurant) or use, or permit the use of, the System or any part thereof, except as may be required by applicable law or as authorized by this Agreement.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 36

What is the consequence if a Bananas Smoothies Frozen Yogurt franchisee violates the in-term restrictive covenants?

Accepted Answer

Strict Compliance with the Development Schedule is the essence of this Agreement. If Developer does not timely meet the Minimum Development Quota as of the end of any Development Period shown on the Development Schedule, Developer will be in default of Developer's obligations under this Agreement. If such a default occurs, it will constitute a material breach of this Agreement and Franchisor may then, in its sole discretion, elect to:
  - (a) terminate this Agreement;
- (b) have the right to operate (directly or through affiliates) or grant franchises for the operation of Green Leaf's Restaurants within the Development Area;
- (c) grant Developer an extension under the Development Schedule for such time period as Franchisor may specify at its sole option for a non-refundable extension fee equal to the balance of the Franchise Fees for the number of EYB Concepts that are to be opened and operated under the Development Schedule but are not yet open; or

![](_page_144_Picture_0.jpeg)

(d) reduce the Development Area and the Development Schedule to a size and magnitude that Franchisor estimates Developer's capable of operating otherwise in accordance with this Agreement.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 37

What is the deadline for signing necessary lease documentation after signing the Franchise Agreement for Green Leaf's Beyond Great Salads, impacting a potential refund related to Bananas Smoothies Frozen Yogurt?

Accepted Answer

If you have not signed the necessary lease documentation within nine months after signing the Franchise Agreement, you or we may terminate the Franchise Agreement. In that event, we will refund from 20% to 100% of the initial franchise fee depending upon the costs and expenses we have incurred as long as you and your owners sign a general release satisfactory to us. If you fail to open the restaurant within six months after the site has been made available (or a different date if specified in the lease), we may terminate the Franchise Agreement. In that event we will refund from 20% to 100% of the initial franchise fee depending upon the costs and expenses we have incurred in connection with the franchise as long as you and your owners sign a general release satisfactory to us. There are no refunds under other circumstances.

Source: Item 5 — INITIAL FEES (FDD pages 15–17)

Question 38

How does a default under the Bananas Smoothies Frozen Yogurt franchise agreement affect other agreements between the franchisee and franchisor?

Accepted Answer

- (i) Any default or breach by Franchisee, an affiliate of Franchisee which has been approved by Franchisor, and/or any Guarantor of Franchisee, of any other agreement between Franchisor and Franchisee and/or such other parties (approved affiliates or Guarantor) will be a default of this Franchise Agreement and will result in the termination of this Franchise Agreement at Franchisor's discretion.

Any default or breach of this Franchise Agreement by Franchisee and/or an affiliate of Franchisee which has been approved by Franchisor, and/or any Guarantor of Franchisee, will be deemed a default or breach under any and all such other agreements between Franchisor and Franchisee, its affiliate and/or any Guarantor of Franchisee.

If the nature of the default under any other agreement would have permitted Franchisor (or our affiliates) to terminate this Franchise Agreement if the default had occurred under this Franchise Agreement, then Franchisor will have the right to terminate all such other agreements in the same manner provided for in this Franchise Agreement for termination hereof.

Franchisee's "affiliates" means any persons or entities controlling, controlled by or under common control with Franchisee.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 39

What is the dependency between the Confidentiality and Non-Competition Agreement and the employee's involvement in the management of the Bananas Smoothies Frozen Yogurt Restaurant?

Accepted Answer

- (e) Confidants shall cause any person who is actively involved in the management of the Restaurant at the time of employment, to enter into a Confidentiality and Non-Competition Agreement" in the form recommended from time to time by Franchisor.

Confidants shall use its best efforts to prevent any such person from using, in connection with the operation of any restaurant (other than the franchised restaurant and any other franchised restaurants operated by Confidants) wherever located, the System and any of the Franchisor Marks, or from operating any restaurant that looks like, copies or imitates any franchised restaurant, or is operated in a manner tending to have such effect.

If Confidants has reason to believe that any such person has violated the provisions of such Confidentiality and Non-Competition Agreement, Confidants shall notify Franchisor and shall cooperate with Franchisor to protect Franchisor against infringement or other unlawful use of the Franchisor Marks or the System, including but not limited to the prosecution of any lawsuits if, in the judgment of counsel for Franchisor, such action is necessary or advisable.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 40

What is the dependency between the Bananas Smoothies Frozen Yogurt Franchise Agreement and the Sublease?

Accepted Answer

December 25, 2022, amounting to \$329,934, \$337,169 and \$287,993, respectively. As of December 29, 2024 and December 31, 2023, net royalties receivables from affiliate-owned franchises amounted to \$15,251 and \$14,987, respectively, and are included in royalties and advertising fees receivable, net in the accompanying balance sheets. ![](_page_217_Picture_0.jpeg) #### EXHIBIT J To Disclosure Document #### **Sublease Agreement** #### **SUBLEASE** Sublessor ("Sublessor"): | State of Formation: | |-----------------------------------------------------------------------------------------------------------| | Address: | | | | Sublessee ("Sublessee"): | | State of Formation: | | Address: | | Sublease Date ("Sublease Date"): | | Lease ("Lease"): | | Dated: | | Tenant ("Tenant"): | | Landlord ("Landlord"): | | Premises ("Demised Premises"): as described in the Lease. | | | | Guarantor: | | This Sublease Agreement is made this day of, 20, by and between | | Everything Yogurt Brands, LLC, a Delaware limited liability company, having an address at 25 | | Washington Street, Morristown, New Jersey 07960 ("Sublessor") and, having an address | | at, ("Sublessee"). | | | | WHEREAS, Sublessor is the Tenant under the Lease, the terms and provisions of which are | | incorporated as if fully set out herein; and | | WHEREAS, Sublessee acknowledges and agrees that they are in receipt of a copy of the Lease | | and | | | | WHEREAS, Sublessor has agreed with the Sublessee to grant a Sublease of the Demised Premise | | to Sublessee subject to the terms of this Sublease; and | | WHEREAS, Everything Yogurt Brands, LLC ("Franchisor") and Sublessee (as "Franchisee" | | have previously executed the current Franchise Agreement ("Franchise Agreement") under which the | | Sublessee will operate a Restaurant as the term is defined in the Franchise Agreement subject to the term | | of the Franchise Agreement and this Sublease; and Sublessee acknowledges that Landlord may unilaterally | | modify the Lease for the Demised Premises in which case this Sublease Agreement may be amended | | modify the Leade for the Definition Fromtier in which case this subjects regionitely the difficult | **NOW, THEREFORE,** in consideration of the rents reserved under the Sublease, the mutual covenants contained herein and for other good and valuable consideration, the parties agree as follows: unilaterally by Sublessor to comport to the modification made by Landlord. ![](_page_218_Picture_0.jpeg) - 1. Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 41

What is the dependency between the Bananas Smoothies Frozen Yogurt Lease and the Sublease?

Accepted Answer

December 25, 2022, amounting to \$329,934, \$337,169 and \$287,993, respectively. As of December 29, 2024 and December 31, 2023, net royalties receivables from affiliate-owned franchises amounted to \$15,251 and \$14,987, respectively, and are included in royalties and advertising fees receivable, net in the accompanying balance sheets. ![](_page_217_Picture_0.jpeg) #### EXHIBIT J To Disclosure Document #### **Sublease Agreement** #### **SUBLEASE** Sublessor ("Sublessor"): | State of Formation: | |-----------------------------------------------------------------------------------------------------------| | Address: | | | | Sublessee ("Sublessee"): | | State of Formation: | | Address: | | Sublease Date ("Sublease Date"): | | Lease ("Lease"): | | Dated: | | Tenant ("Tenant"): | | Landlord ("Landlord"): | | Premises ("Demised Premises"): as described in the Lease. | | | | Guarantor: | | This Sublease Agreement is made this day of, 20, by and between | | Everything Yogurt Brands, LLC, a Delaware limited liability company, having an address at 25 | | Washington Street, Morristown, New Jersey 07960 ("Sublessor") and, having an address | | at, ("Sublessee"). | | | | WHEREAS, Sublessor is the Tenant under the Lease, the terms and provisions of which are | | incorporated as if fully set out herein; Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 42

What is the dependency between the Minimum Development Quota and the exclusive rights granted to a Bananas Smoothies Frozen Yogurt developer?

Accepted Answer

If Paragraph 3.1 (a) specifies the Development Area is exclusive, then, while this Agreement is in effect provided that Developer opens and operates the EYB Concepts in accordance with the Development Obligations set forth in Paragraph 3.3, sub-paragraphs 3.3 (a) and 3.3 (b), and that the minimum number of EYB Concepts Developer has operating in the Development Area at any given time is not less than the minimum required pursuant to the Minimum Development Quota (Development Schedule), Franchisor will not operate, or license any person other than Developer to operate, an EYB Concept under the Marks and the System within the Development Area.

Any exclusive area you are granted will exclude non-traditional venues, including airports, university and college campuses, hospitals and medical centers, sports or entertainment venues and military or other government owned facilities within the Development Area.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 43

What is the dependency between the Minimum Development Quota and Bananas Smoothies Frozen Yogurt's obligation to not operate or license others within the Development Area?

Accepted Answer

If Paragraph 3.1 (a) specifies the Development Area is exclusive, then, while this Agreement is in effect provided that Developer opens and operates the EYB Concepts in accordance with the Development Obligations set forth in Paragraph 3.3, sub-paragraphs 3.3 (a) and 3.3 (b), and that the minimum number of EYB Concepts Developer has operating in the Development Area at any given time is not less than the minimum required pursuant to the Minimum Development Quota (Development Schedule), Franchisor will not operate, or license any person other than Developer to operate, an EYB Concept under the Marks and the System within the Development Area.

Any exclusive area you are granted will exclude non-traditional venues, including airports, university and college campuses, hospitals and medical centers, sports or entertainment venues and military or other government owned facilities within the Development Area.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 44

Can a Bananas Smoothies Frozen Yogurt developer remove a notice identifying them as the independent owner and operator?

Accepted Answer

On the expiration or termination of either the Lease or the Franchise Agreement, Landlord will allow Everything Yogurt Brands, LLC to enter the Premises, without being guilty of trespass and without incurring any liability to Landlord, (a) to remove all signs, advertising, logos, and other items identifying the Premises as a Franchised Restaurant and (b) to make any other modifications as are reasonable necessary: (i) to protect Everything Yogurt Brands, LLC's proprietary marks and the Everything Yogurt Brands, LLC system and (ii) to distinguish the Premises from a Franchised Restaurant. The obligations of Landlord under this Section 6 are conditioned on (1) Everything Yogurt Brands, LLC's giving Landlord prior notice of the modification to be made and the items removed

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 45

Is a Bananas Smoothies Frozen Yogurt developer required to obtain any fictitious or assumed name registrations?

Accepted Answer

Developer agrees to give such notices of trade and service mark registrations as Franchisor specifies and to obtain any fictitious or assumed name registrations required under applicable law.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 46

How is the Development Fee determined for Bananas Smoothies Frozen Yogurt, and what factors influence its amount?

Accepted Answer

0.jpeg)

OFFICER/EMPLOYEE: DEVELOPER:
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#### **EXHIBIT TWO E**

**to the Area Development Agreement between Franchisor and Developer. The terms and definitions set out in the Summary Page of the Area Development Agreement are incorporated herein and made a part hereof as if fully set out.**

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| DEPOSIT AGREEMENT (Area Development Agreement) |  |
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#### **DEPOSIT AGREEMENT (Area Development Agreement)**

| The enclosed check, in the amount of \$ Dollars shall act as a deposit toward the payment of the Development Fee of \$ for the Development Rights and obligations of Everything Yogurt Brands, LLC concepts as set forth and described in the Area Development Agreement which is required to be signed by you within months from the date your deposit is received.                                                                                                                                                                                                  |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| You understand that the above deposit when accepted by Everything Yogurt Brands, LLC ("Franchisor") will allow you for a month period to enter into an Area Development Agreement for a Development Area described as                                                                                                                                                                                                                                                                                                                                                 |
| to develop the                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        |
| number of Green Leaf's Beyond Great Salads concept, Bananas Smoothies and Frozen Yogurt concept or Green Leaf's Beyond Great Salads including the Bananas Smoothies & Frozen Yogurt concept specified hereinabove.                                                                                                                                                                                                                                                                                                                                                    |
| If you fail to sign an Area Development Agreement within months of the date of your deposit and acceptance by Everything Yogurt Brands, LLC, Franchisor may retain 50% of your deposit and refund the balance of your deposit within 10 days after the expiration of the period set forth above to sign the Area Development Agreement. If you sign the Area Development Agreement within months from the date your deposit i

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 47

What is the disclaimer regarding individual results for a Bananas Smoothies Frozen Yogurt franchise?

Accepted Answer

**Some restaurants have sold this amount. Your individual results may differ. There is no assurance that you will sell as much.**

Written substantiation for the financial performance representation will be made available to the prospective franchisee upon reasonable request.

Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 52–54)

Question 48

What is the effect of the Franchise Agreement on the Bananas Smoothies Frozen Yogurt Sublease?

Accepted Answer

- **4.3** In the event the Franchise Agreement between Everything Yogurt Brands, LLC and the Tenant shall expire or terminate, then the Tenant's rights pursuant to the Lease shall, at the option of Everything Yogurt Brands, LLC, be assigned and transferred to it provided that Everything Yogurt Brands, LLC or its Designated Person shall assume and be liable for all of Tenant's obligations, duties, and liabilities pursuant to the Lease.
- 4.4 Everything Yogurt Brands, LLC may exercise said option by sending the Landlord written notice of its intention to succeed to Tenant's rights under the Lease by certified mail, return receipt requested within thirty (30) days after the expiration or termination of the Franchise Agreement. Said notice shall, without any further action, operate as an Assignment of Tenant's rights under the Lease. Should the Lease be assigned or subleased to, and accepted in writing by Everything Yogurt Brands, LLC (or its Designated Person), then Everything Yogurt Brands, LLC will have the further right to assign or sublease the Lease and Premises to another franchisee of Everything Yogurt Brands, LLC at any time during the term of the Lease, including any extensions or renewals of the Lease, without first obtaining Landlord's consent. If Everything Yogurt Brands, LLC should assign its rights to another franchisee, then Everything Yogurt Brands, LLC will be relieved of all liability for any acts, conditions or circumstances arising after the date of that assignment.
- 4.5 Landlord expressly acknowledges that Everything Yogurt Brands, LLC is not a party to the Lease and will have no liability or responsibility under the lease, nor does Everything Yogurt Brands, LLC have any obligation or responsibility to assume the Lease or take an assignment of the Lease. Landlord further acknowledges that this Addendum to the Lease does not create any fiduciary relationship or other relationship of trust or confidence between the Tenant and Everything Yogurt Brands, LLC.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 49

What is the effect of the Franchise Agreement on the Bananas Smoothies Frozen Yogurt Sublease Agreement?

Accepted Answer

| Sublessee ("Sublessee"): | State of Formation: | | Address: | | Sublease Date ("Sublease Date"): | Lease ("Lease"): | Dated: | Tenant ("Tenant"): | Landlord ("Landlord"): | Premises ("Demised Premises"): as described in the Lease. | | Guarantor: | This Sublease Agreement is made this day of, 20, by and between | | Everything Yogurt Brands, LLC, a Delaware limited liability company, having an address at 25 | | Washington Street, Morristown, New Jersey 07960 ("Sublessor") and, having an address | | at, ("Sublessee"). | | WHEREAS, Sublessor is the Tenant under the Lease, the terms and provisions of which are | | incorporated as if fully set out herein; and | | WHEREAS, Sublessee acknowledges and agrees that they are in receipt of a copy of the Lease | | and | WHEREAS, Sublessor has agreed with the Sublessee to grant a Sublease of the Demised Premise | | to Sublessee subject to the terms of this Sublease; and | | WHEREAS, Everything Yogurt Brands, LLC ("Franchisor") and Sublessee (as "Franchisee" | have previously executed the current Franchise Agreement ("Franchise Agreement") under which the | | Sublessee will operate a Restaurant as the term is defined in the Franchise Agreement subject to the term | | of the Franchise Agreement and this Sublease; and Sublessee acknowledges that Landlord may unilaterally Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 50

What is the effect of the Landlord modifying the Lease on the Bananas Smoothies Frozen Yogurt Sublease Agreement?

Accepted Answer

Sublessee further acknowledges and agrees that Sublessor has the absolute right to modify and amend this Sublease whenever and as often as Landlord amends or modifies the Lease so that this Sublease Agreement reflects all modifications or amendments made to the Lease. Sublessee acknowledges it may incur increased cost to comply with the modifications. In the event of any amendment or modification to the Lease by Lessor then in that event, Sublessor shall give Sublessee notice in writing of the modification and such modification shall operate as an amendment to this Sublease Agreement without the need for further documentation. Sublessee recognizes Sublessor's absolute right to make such modifications at Sublessee's expense and Sublessee agrees to accept and implement any such modifications at Sublessee's expense as if such modification of the original Lease were part of this Sublease Agreement at the time of execution hereof. Sublessee shall make such changes and modifications in the manner and time which Sublessor directs in writing.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 51

What is the effect of the Landlord's potential modification of the Lease on the Bananas Smoothies Frozen Yogurt Demised Premises?

Accepted Answer

| State of Formation: | |-----------------------------------------------------------------------------------------------------------| | Address: | | | | Sublessee ("Sublessee"): | | State of Formation: | | Address: | | Sublease Date ("Sublease Date"): | | Lease ("Lease"): | | Dated: | | Tenant ("Tenant"): | | Landlord ("Landlord"): | | Premises ("Demised Premises"): as described in the Lease. | | | | Guarantor: | | This Sublease Agreement is made this day of, 20, by and between | | Everything Yogurt Brands, LLC, a Delaware limited liability company, having an address at 25 | | Washington Street, Morristown, New Jersey 07960 ("Sublessor") and, having an address | | at, ("Sublessee"). | | | | WHEREAS, Sublessor is the Tenant under the Lease, the terms and provisions of which are | | incorporated as if fully set out herein; and | | WHEREAS, Sublessee acknowledges and agrees that they are in receipt of a copy of the Lease | | and | | | | WHEREAS, Sublessor has agreed with the Sublessee to grant a Sublease of the Demised Premise | | to Sublessee subject to the terms of this Sublease; and | | WHEREAS, Everything Yogurt Brands, LLC ("Franchisor") and Sublessee (as "Franchisee" | | have previously executed the current Franchise Agreement ("Franchise Agreement") under which the | | Sublessee will operate a Restaurant as the term is defined in the Franchise Agreement subject to the term | | of the Franchise Agreement and this Sublease; and Sublessee acknowledges that Landlord may unilaterally | | modify the Lease for the Demised Premises in which case this Sublease Agreement may be amended | | modify the Leade for the Definition Fromtier in which case this subjects regionitely the difficult | Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 52

What is the effect of the Landlord's potential modification of the Lease on the Bananas Smoothies Frozen Yogurt Franchise Agreement?

Accepted Answer

of, or to in any way bind, Everything Yogurt Brands, LLC and that Landlord has entered into the Lease and this Addendum creates any duties, obligations or liabilities on or against Everything Yogurt Brands, LLC. - **8.** Amendments. No amendment or variation of the terms of this Addendum is valid unless (i) made in writing and signed by Landlord and Tenant and (ii) Everything Yogurt Brands, LLC has provided its consent to the amendment. - **9.** Reaffirmation of Lease; Governing Terms. Except as amended or modified in this Addendum, all of the terms, conditions and covenants of the Lease are confirmed and remain in full force and effect. Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 53

What is the effect of the Landlord's potential modification of the Lease on the Bananas Smoothies Frozen Yogurt Franchisee?

Accepted Answer

- **8.** Amendments. No amendment or variation of the terms of this Addendum is valid unless (i) made in writing and signed by Landlord and Tenant and (ii) Everything Yogurt Brands, LLC has provided its consent to the amendment. Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 54

What is the effect of the Landlord's potential modification of the Lease on the Bananas Smoothies Frozen Yogurt Franchisor?

Accepted Answer

of, or to in any way bind, Everything Yogurt Brands, LLC and that Landlord has entered into the Lease and this Addendum creates any duties, obligations or liabilities on or against Everything Yogurt Brands, LLC. - **8.** Amendments. No amendment or variation of the terms of this Addendum is valid unless (i) made in writing and signed by Landlord and Tenant and (ii) Everything Yogurt Brands, LLC has provided its consent to the amendment. - **9.** Reaffirmation of Lease; Governing Terms. Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 55

What is the effect of the Landlord's potential modification of the Lease on the Bananas Smoothies Frozen Yogurt Restaurant operation?

Accepted Answer

- **8.** Amendments. No amendment or variation of the terms of this Addendum is valid unless (i) made in writing and signed by Landlord and Tenant and (ii) Everything Yogurt Brands, LLC has provided its consent to the amendment. Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 56

What is the effect of the Landlord's potential modification of the Lease on the Bananas Smoothies Frozen Yogurt Sublease Agreement?

Accepted Answer

Sublessee further acknowledges and agrees that Sublessor has the absolute right to modify and amend this Sublease whenever and as often as Landlord amends or modifies the Lease so that this Sublease Agreement reflects all modifications or amendments made to the Lease. Sublessee acknowledges it may incur increased cost to comply with the modifications. In the event of any amendment or modification to the Lease by Lessor then in that event, Sublessor shall give Sublessee notice in writing of the modification and such modification shall operate as an amendment to this Sublease Agreement without the need for further documentation. Sublessee recognizes Sublessor's absolute right to make such modifications at Sublessee's expense and Sublessee agrees to accept and implement any such modifications at Sublessee's expense as if such modification of the original Lease were part of this Sublease Agreement at the time of execution hereof. Sublessee shall make such changes and modifications in the manner and time which Sublessor directs in writing.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 57

What is the effect of the Landlord's potential modification of the Lease on the Bananas Smoothies Frozen Yogurt Sublessee?

Accepted Answer

Sublessee further acknowledges and agrees that Sublessor has the absolute right to modify and amend this Sublease whenever and as often as Landlord amends or modifies the Lease so that this Sublease Agreement reflects all modifications or amendments made to the Lease. Sublessee acknowledges it may incur increased cost to comply with the modifications. In the event of any amendment or modification to the Lease by Lessor then in that event, Sublessor shall give Sublessee notice in writing of the modification and such modification shall operate as an amendment to this Sublease Agreement without the need for further documentation. Sublessee recognizes Sublessor's absolute right to make such modifications at Sublessee's expense and Sublessee agrees to accept and implement any such modifications at Sublessee's expense as if such modification of the original Lease were part of this Sublease Agreement at the time of execution hereof. Sublessee shall make such changes and modifications in the manner and time which Sublessor directs in writing.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 58

What is the effect of the Landlord's potential modification of the Lease on the Bananas Smoothies Frozen Yogurt Sublessor?

Accepted Answer

Sublessee further acknowledges and agrees that Sublessor has the absolute right to modify and amend this Sublease whenever and as often as Landlord amends or modifies the Lease so that this Sublease Agreement reflects all modifications or amendments made to the Lease. Sublessee acknowledges it may incur increased cost to comply with the modifications. In the event of any amendment or modification to the Lease by Lessor then in that event, Sublessor shall give Sublessee notice in writing of the modification and such modification shall operate as an amendment to this Sublease Agreement without the need for further documentation. Sublessee recognizes Sublessor's absolute right to make such modifications at Sublessee's expense and Sublessee agrees to accept and implement any such modifications at Sublessee's expense as if such modification of the original Lease were part of this Sublease Agreement at the time of execution hereof. Sublessee shall make such changes and modifications in the manner and time which Sublessor directs in writing.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 59

What is the effect of the Lease on the Bananas Smoothies Frozen Yogurt Sublease Agreement?

Accepted Answer

| Sublessee ("Sublessee"): | State of Formation: | Address: | Sublease Date ("Sublease Date"): | Lease ("Lease"): | Dated: | Tenant ("Tenant"): | Landlord ("Landlord"): | Premises ("Demised Premises"): as described in the Lease. | | Guarantor: | This Sublease Agreement is made this day of, 20, by and between | Everything Yogurt Brands, LLC, a Delaware limited liability company, having an address at 25 | Washington Street, Morristown, New Jersey 07960 ("Sublessor") and, having an address | at, ("Sublessee"). | | WHEREAS, Sublessor is the Tenant under the Lease, the terms and provisions of which are | incorporated as if fully set out herein; and | WHEREAS, Sublessee acknowledges and agrees that they are in receipt of a copy of the Lease | and | | WHEREAS, Sublessor has agreed with the Sublessee to grant a Sublease of the Demised Premise | to Sublessee subject to the terms of this Sublease; and | WHEREAS, Everything Yogurt Brands, LLC ("Franchisor") and Sublessee (as "Franchisee" | have previously executed the current Franchise Agreement ("Franchise Agreement") under which the | Sublessee will operate a Restaurant as the term is defined in the Franchise Agreement subject to the term | of the Franchise Agreement and this Sublease; and Sublessee acknowledges that Landlord may unilaterally | modify the Lease for the Demised Premises in which case this Sublease Agreement may be amended | modify the Leade for the Definition Fromtier in which case this subjects regionitely the difficult Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 60

What is the effect of operating a standalone Green Leaf's Beyond Great Salads franchise or stand alone Bananas Smoothies & Frozen Yogurt franchise on financial results?

Accepted Answer

, and is actually paid by the owner to such governmental authority.

A Franchisee's financial results are likely to differ from the above information of our affiliate or franchised restaurants. The average Annual Gross Sales above are for restaurants operating two combined concepts. We do not have the Annual Gross Sales of each concept separately stated or separated. We offer both the Green Leaf's Beyond Great Salads concept and Bananas Smoothies & Frozen Yogurt concept independently as a standalone concept. We also offer the Green Leaf's Beyond Great Salads concept in conjunction with the Bananas Smoothies & Frozen Yogurt concept. Therefore, a Franchisee's financial results operating a standalone Green Leaf's Beyond Great Salads franchise or stand alone Bananas Smoothies & Frozen Yogurt franchise are likely to differ from the above information of Our affiliate. The above average Annual Gross Sales figures DO NOT reflect the costs of sales, operating expenses or other cost and expenses that must be deducted from the average Annual Gross Revenue or Gross Sales figures to obtain your net income or profit. You should conduct an independent investigation of the costs and expenses you will incur in operating your franchised restaurant. Franchisees listed in this disclosure document may be one source of this information.

The average restaurants included in the above calculations are for mature restaurants; accordingly, a new Franchisee's individual Annual Gross Sales are likely to differ from the results stated above. Further, if you acquire a Green Leaf's Beyond Great Salads franchise or a Bananas Smoothies & Frozen Yogurt franchise as a

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standalone concept the Annual Gross Sales will differ from the combined Annual Gross Sales of the Green Leaf's Beyond Great Salads and Bananas Smoothies & Frozen Yogurt gross sales set forth above.

Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 52–54)

Question 61

What is the effect of the Sublessee modifying the Lease on the Bananas Smoothies Frozen Yogurt Sublease Agreement?

Accepted Answer

- 16. Sublessee shall not modify or seek to modify the Lease without Sublessor's prior written consent, which consent may be withheld in its sole discretion.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 62

What is the effect of the Sublessor modifying the Lease on the Bananas Smoothies Frozen Yogurt Sublease Agreement?

Accepted Answer

Sublessee further acknowledges and agrees that Sublessor has the absolute right to modify and amend this Sublease whenever and as often as Landlord amends or modifies the Lease so that this Sublease Agreement reflects all modifications or amendments made to the Lease. Sublessee acknowledges it may incur increased cost to comply with the modifications. In the event of any amendment or modification to the Lease by Lessor then in that event, Sublessor shall give Sublessee notice in writing of the modification and such modification shall operate as an amendment to this Sublease Agreement without the need for further documentation. Sublessee recognizes Sublessor's absolute right to make such modifications at Sublessee's expense and Sublessee agrees to accept and implement any such modifications at Sublessee's expense as if such modification of the original Lease were part of this Sublease Agreement at the time of execution hereof. Sublessee shall make such changes and modifications in the manner and time which Sublessor directs in writing.

Source: Item 23 — RECEIPT (FDD pages 58–231)

Question 63

Is the Everything Yogurt concept available as an independent concept, or only with the Bananas Smoothies Frozen Yogurt franchise?

Accepted Answer

We operate and grant franchises for the operation of various fast-service restaurants. We began granting franchises bearing the name Everything Yogurt in August 1983, and have operated restaurants of that type since April 1981. However, the Everything Yogurt concept, which features frozen yogurt is no longer available for purchase as an independent concept but is only available when you buy our Bananas Smoothies & Frozen Yogurt concept as a standalone or together with our Green Leaf's Beyond Great Salads franchise.

Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSOR AND AFFILIATES (FDD pages 8–11)

Question 64

Is the Everything Yogurt concept available for purchase as an independent concept separate from the Bananas Smoothies Frozen Yogurt franchise?

Accepted Answer

We operate and grant franchises for the operation of various fast-service restaurants. We began granting franchises bearing the name Everything Yogurt in August 1983, and have operated restaurants of that type since April 1981. However, the Everything Yogurt concept, which features frozen yogurt is no longer available for purchase as an independent concept but is only available when you buy our Bananas Smoothies & Frozen Yogurt concept as a standalone or together with our Green Leaf's Beyond Great Salads franchise.

Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSOR AND AFFILIATES (FDD pages 8–11)

Bananas_Smoothies_Frozen_Yogurt 2025 FDD FAQ