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

According to the 2025 Bananas Smoothies Frozen Yogurt FDD, a Sublessee can operate a restaurant if they have previously executed the current Franchise Agreement with Everything Yogurt Brands, LLC, 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 the Sublease. The Sublessee also acknowledges that the Landlord may unilaterally modify the Lease for the Demised Premises, in which case the Sublease Agreement may be amended accordingly.

This means that before a Sublessee can begin operations, they must have a Franchise Agreement in place with Everything Yogurt Brands, LLC, which outlines the terms and conditions for operating a Bananas Smoothies Frozen Yogurt restaurant. The operation of the restaurant is contingent upon both the Franchise Agreement and the Sublease agreement, meaning the Sublessee must adhere to both agreements to remain in good standing.

Furthermore, the Sublessee needs to be aware that the Landlord has the right to modify the Lease for the property. If such modifications occur, the Sublease Agreement between Everything Yogurt Brands, LLC, and the Sublessee may also need to be adjusted to reflect these changes. This clause protects the interests of the Landlord and ensures that the terms of the lease can be adapted as necessary, which could impact the Sublessee's operational conditions.