What does the developer represent regarding the terms and conditions in the Bananas Smoothies Frozen Yogurt agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.2 Representations. Developer represents and warrants to Franchisor that Developer:
- (a) has read this Agreement and our Franchise Disclosure Document;
- (b) understands that Franchisor may modify its current form of franchise agreement from time to time; however, any modifications during the term of this Agreement will not vary the amount of Franchise Fees or royalty fees to be paid by you;
- (c) understands and accepts the terms, conditions and covenants contained in this Agreement as being reasonably necessary to maintain Franchisor's high standards of quality service and the uniformity of those standards at all EYB Concepts in order to protect and preserve the goodwill of the Marks;
- (d) has conducted an independent investigation of the business venture contemplated by this Agreement and recognize that, like any other business, the nature of the business conducted by EYB Concepts may evolve and change over time.
- (e) that an investment in EYB Concepts involves business risks and that the success of the venture is largely dependent upon your business abilities and efforts;
(f) as an inducement to Franchisor's entry into this Agreement, Developer has made no misrepresentations in obtaining the development rights granted in this Agreement;
(g) Franchisor has provided to you a copy of our Franchise Disclosure Document and an executable copy of the Franchise Agreement at least 14 calendar days prior to the execution of the Franchise Agreement or Franchisor's receipt of any consideration from Developer;
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the developer makes several representations regarding the terms and conditions of the Area Development Agreement. The developer acknowledges having read the agreement and the Franchise Disclosure Document. They also confirm their understanding that Bananas Smoothies Frozen Yogurt may modify its franchise agreement terms, provided these changes do not affect the franchise or royalty fees.
Furthermore, the developer represents that they understand and accept the terms, conditions, and covenants within the agreement. They recognize these stipulations as reasonably necessary to uphold Bananas Smoothies Frozen Yogurt's standards for quality service and uniformity across all locations, which is essential for protecting the brand's goodwill. This indicates the importance Bananas Smoothies Frozen Yogurt places on maintaining consistent brand standards and the developer's commitment to adhering to these standards.
The developer also confirms they have conducted an independent investigation into the business venture and acknowledge the inherent business risks. They understand that the success of the Bananas Smoothies Frozen Yogurt venture largely depends on their own business abilities and efforts. Finally, the developer confirms that they have not made any misrepresentations to obtain the development rights and that Bananas Smoothies Frozen Yogurt provided them with the Franchise Disclosure Document and an executable copy of the Franchise Agreement at least 14 calendar days before signing the agreement or providing any consideration.