Where in the Bananas Smoothies Frozen Yogurt FDD can I find information about 'DEFAULT AND TERMINATION'?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
5. Default and Notice.
- (a) If Landlord gives Tenant notice of any default or violation by Tenant under the terms of the Lease, Landlord will also give Everything Yogurt Brands, LLC notice of that default or violation promptly after Landlord has given that notice to Tenant.
- (b) All notices to Everything Yogurt Brands, LLC will be sent by registered or certified mail, postage prepaid, to the following address:
Everything Yogurt Brands, LLC 25 Washington Street Morristown, NJ 07960 Attn: General Counsel
Everything Yogurt Brands, LLC may change its address for receiving noticed by giving landlord written notice of its new address. Landlord will notify both Tenant and Everything Yogurt Brands, LLC of any changes in Landlord's mailing address to which notices should be sent.
Termination or Expiration. On the expiration or termination of either the Lease or the Franchise Agreement, Landlord will allow Everything Yogurt Brands, LLC to enter the Premises, without being guilty of trespass and without incurring any liability to Landlord, (a) to remove all signs, advertising, logos, and other items identifying the Premises as a Franchised Restaurant and (b) to make any other modifications as are reasonable necessary: (i) to protect Everything Yogurt Brands, LLC's proprietary marks and the Everything Yogurt Brands, LLC system and (ii) to distinguish the Premises from a Franchised Restaurant. The obligations of Landlord under this Section 6 are conditioned on (1) Everything Yogurt Brands, LLC's giving Landlord prior notice of the modification to be made and the items removed
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, information regarding default and termination can be found in several sections. Specifically, Item 23 includes information regarding default and notice in relation to lease agreements, as well as conditions under which the Area Development Agreement can be terminated.
Item 23 outlines that if a landlord gives notice of any default or violation by the tenant (franchisee) under the terms of the lease, the landlord will also give Everything Yogurt Brands, LLC (the Franchisor) notice of that default or violation promptly after giving notice to the tenant. This ensures that Bananas Smoothies Frozen Yogurt is informed of any issues that could affect the franchisee's ability to operate.
Additionally, the California Addendum within Item 23 states that California Business and Professions Code 20000 through 20043 provides rights to the franchisee concerning termination, transfer, or non-renewal of a franchise. It also notes that if the franchise agreement contains a provision inconsistent with the law, the law will control. Furthermore, the franchise agreement provides for termination upon bankruptcy, but this provision may not be enforceable under federal bankruptcy law. These stipulations highlight the importance of understanding both the franchise agreement and relevant state laws regarding termination and related rights.