Does the Bananas Smoothies Frozen Yogurt franchise agreement confer any goodwill in the Marks to the franchisee?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
rm standards, specifications and procedures for operations; quality and uniformity of products and services offered, procedures for management and inventory control; training and assistance and advertising and promotional programs (collectively, "the System"), all of which may be changed, improved and further developed by us from time to time.
Franchisor uses, promotes and licenses certain trademarks, service marks and other commercial symbols in the operation of EYB Concepts, including the trade and service marks "Green Leaf's Beyond Great Salads," "Bananas Smoothies & Frozen Yogurt," "The Market By Villa," and other associated designs, artwork and trade dress, which have gained and continue to gain public acceptance and goodwill, and may create, use and license additional trademarks, service marks and commercial symbols in conjunction with the operation of EYB Concepts (collectively, the "Marks") . We grant to persons who meet our qualifications and are willing to undertake the investment and effort, the right to develop and operate multiple EYB Concepts located within a defined geographic area.
- 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;
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
The 2025 Franchise Disclosure Document (FDD) for Bananas Smoothies Frozen Yogurt indicates that the franchisor, Everything Yogurt Brands, LLC, owns and licenses certain trademarks and service marks, referred to as the "Marks." These Marks, including "Green Leaf's Beyond Great Salads," "Bananas Smoothies & Frozen Yogurt," and "The Market By Villa," have gained public acceptance and goodwill. The franchisor grants franchisees the right to operate multiple EYB Concepts within a defined geographic area.
The FDD emphasizes that franchisees must understand and accept the terms and conditions of the franchise agreement to maintain the franchisor's high standards and protect the goodwill of the Marks. Franchisees acknowledge that their success depends on their business abilities and efforts. This highlights the importance of the franchisee's role in upholding the brand's reputation and contributing to its goodwill.
While the Bananas Smoothies Frozen Yogurt franchise agreement allows franchisees to use the brand's trademarks, it does not explicitly state that the franchisee gains ownership or any enduring rights to the goodwill associated with those marks. The agreement focuses on protecting the franchisor's Marks and ensuring franchisees adhere to standards that maintain the brand's reputation. The franchisor retains ultimate control over the Marks and their associated goodwill.