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

According to the 2025 FDD, any amendment or variation to the terms of the Addendum for a Bananas Smoothies Frozen Yogurt franchise must meet specific conditions to be considered valid. These conditions are put in place to protect the interests of all parties involved, including the landlord, tenant (franchisee), and Everything Yogurt Brands, LLC.

Specifically, the FDD states that an amendment is only valid if it is (i) made in writing and signed by both the Landlord and the Tenant, and (ii) Everything Yogurt Brands, LLC has provided its consent to the amendment. This means that verbal agreements or unsigned documents will not be recognized as valid changes to the Addendum. Both the landlord and the franchisee must formally agree to the changes in writing.

Furthermore, Everything Yogurt Brands, LLC, the franchisor, must also give their consent to the amendment. This requirement ensures that any changes to the lease agreement do not negatively impact the Bananas Smoothies Frozen Yogurt brand or the franchisor's interests. It also allows the franchisor to maintain some control over the locations of its franchises. This is a fairly common practice in franchising, as the franchisor typically wants to ensure that lease terms align with the overall brand strategy and operational standards.

In practical terms, a prospective Bananas Smoothies Frozen Yogurt franchisee needs to understand that any desired changes to the lease Addendum require a formal process involving written agreements and franchisor approval. Failing to adhere to these conditions could result in the amendment being deemed invalid, potentially leading to legal or contractual issues down the line.