What are the acceptable means of service of process on a Bananas Smoothies Frozen Yogurt Franchisee?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
- (i).
By any means allowed by New Jersey law or Federal law or the law of the jurisdiction in which the restaurant premises are located; and
- (ii).
Service upon any employee at the Premises who is over the age of eighteen (18); or
- (iii).
Service upon an agent for service of process in the State of New Jersey, who is approved by Franchisor.
Franchisee shall appointment an agent for service of process in the State of New Jersey within ten (10) days of the date this Agreement is executed by Franchisee; or
- (iv).
As otherwise agreed by the parties in writing.
- 29.02 Cumulative Rights and Remedies.
No right or remedy conferred upon or reserved to Franchisor or Franchisee by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt Franchise Disclosure Document, there are several ways the franchisee can be served legal process.
First, service can be accomplished through any method permitted by New Jersey law, Federal law, or the law of the jurisdiction where the restaurant is located. This provides flexibility and ensures compliance with applicable legal standards. Second, service can be made upon any employee at the Bananas Smoothies Frozen Yogurt premises who is over eighteen (18) years of age. This allows for direct notification at the business location. Third, service can be made upon an agent for service of process in the State of New Jersey, provided that the agent is approved by Bananas Smoothies Frozen Yogurt. The franchisee is required to appoint such an agent within ten (10) days of executing the Franchise Agreement. Finally, service can occur through any other method agreed upon in writing by both parties.
Bananas Smoothies Frozen Yogurt also states that no right or remedy conferred upon or reserved to Franchisor or Franchisee by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy. This means that the methods listed are not the only ways to serve process, and other legal avenues may be available.