What constitutes a material change to the Plans for a Bananas Smoothies Frozen Yogurt restaurant?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
The Plans must not be materially changed or modified without Franchisor's prior written consent: a change is material if it (1) affects the structural integrity of the Restaurant, (2) changes the appearance, location, size or quality of the Restaurant, (3) affects the appearance, furnishings or fixturizing of the Restaurant or (4) causes the Restaurant to deviate from the standards then established for the System.
Franchisor's approval of the Plans constitutes only a representation that the Plans comply with Franchisor's then-current plans and specifications for construction; such approval does not equate or constitute Franchisor's representation of compliance with Franchisee's landlord's construction criteria, if applicable, or state or local building requirements, for which Franchisee is solely responsible.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, a material change to the restaurant plans requires the franchisor's prior written consent. A change is considered material if it meets any of the following criteria:
First, if the change affects the structural integrity of the restaurant, it is considered a material change. Second, any alteration to the appearance, location, size, or quality of the restaurant is deemed material. Third, changes affecting the appearance, furnishings, or fixtures of the restaurant are also considered material. Finally, if the change causes the restaurant to deviate from the standards established for the Bananas Smoothies Frozen Yogurt system, it is classified as a material change.
It is important to note that even if Bananas Smoothies Frozen Yogurt approves the Plans, this approval only means the Plans comply with their current construction specifications. The franchisee remains solely responsible for ensuring compliance with the landlord's construction criteria, if applicable, and all state or local building requirements. Franchisees must get approval from Bananas Smoothies Frozen Yogurt before making changes to avoid violating the franchise agreement.