What is the effect of Bananas Smoothies Frozen Yogurt accepting a proposed site?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor agrees to exert commercially reasonable efforts to notify you within 30 days after Franchisor has received the complete site report and other materials Franchisor has requested.
- 5.4 Effect of Acceptance. Franchisor's acceptance of the Site (including its location, appearance and size) indicates only that Franchisor believes it falls within the acceptable criteria Franchisor has established at that time.
Developer acknowledges and agrees that:
(a) Franchisor's acceptance of the Site does not imply, assure, guaranty, warrant or predict profitability or success, express or implied;
(b) application of criteria that have been effective with respect to other Sites may not be predictive of the potential for all Sites and that, subsequent to Franchisor's acceptance of a Site, demographic and/or economic factors included in, or excluding from, Franchisor's criteria could change, thereby altering the potential of a Site;
(c) the uncertainty and instability of such criteria are beyond Franchisor's control and Franchisor is not responsible for the failure of a Site approved by Franchisor to meet expectations as to potential revenue or operational criteria; and
(d) Developer's acceptance of a franchise for the operation of an EYB Concept at a site Developer proposes is based upon your own independent investigation of the suitability of that location and that Site even though we may provide guidance and assistance to you in selecting the Site for your EYB Concept.
5.5 Franchise Agreement. If Franchisor has accepted, and Developer has obtained lawful possession of or a formal commitment for the Site, Franchisor will offer Developer a franchise to operate an EYB Concept at the proposed Site by delivering to Developer a Franchise Agreement in a form ready for signing by Developer (or an affiliate).
Franchisor understands and agrees that we may modify the Franchise Agreement from time to time; however, any modifications during the term of this Agreement will not vary the amount of the Franchise Fee, royalty fees or other fees to be paid to Franchisor.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to Bananas Smoothies Frozen Yogurt's 2025 Franchise Disclosure Document, the franchisor's acceptance of a site indicates only that they believe it meets their established criteria at that time. Bananas Smoothies Frozen Yogurt agrees to exert commercially reasonable efforts to notify the developer within 30 days after receiving the complete site report and other requested materials.
However, Bananas Smoothies Frozen Yogurt's acceptance does not guarantee profitability or success. The document makes clear that criteria effective for other locations may not predict the potential of all sites. Demographic and economic factors can change after site acceptance, altering the site's potential.
Bananas Smoothies Frozen Yogurt is not responsible if an approved site fails to meet revenue or operational expectations due to the instability and uncertainty of such criteria, which are beyond their control. The franchisee's decision to operate a Bananas Smoothies Frozen Yogurt at a proposed site should be based on their own independent investigation, even with guidance from the franchisor.
If Bananas Smoothies Frozen Yogurt accepts the site and the developer obtains lawful possession or a formal commitment for it, Bananas Smoothies Frozen Yogurt will offer the developer a franchise to operate an EYB Concept at the proposed site by delivering a Franchise Agreement in a form ready for signing. The franchisor may modify the Franchise Agreement from time to time; however, any modifications during the term of this Agreement will not vary the amount of the Franchise Fee, royalty fees or other fees to be paid to Franchisor.