For the Bananas Smoothies Frozen Yogurt franchise, what does the deposit act as a payment toward?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
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OFFICER/EMPLOYEE: DEVELOPER:
EXHIBIT TWO E
to the Area Development Agreement between Franchisor and Developer. The terms and definitions set out in the Summary Page of the Area Development Agreement are incorporated herein and made a part hereof as if fully set out.
| DEPOSIT AGREEMENT (Area Development Agreement) | |
|---|---|
DEPOSIT AGREEMENT (Area Development Agreement)
| The enclosed check, in the amount of $ Dollars shall act as a deposit toward the payment of the Development Fee of $ for the Development Rights and obligations of Everything Yogurt Brands, LLC concepts as set forth and described in the Area Development Agreement which is required to be signed by you within months from the date your deposit is received. |
|---|
| You understand that the above deposit when accepted by Everything Yogurt Brands, LLC ("Franchisor") will allow you for a month period to enter into an Area Development Agreement for a Development Area described as |
| to develop the |
| number of Green Leaf's Beyond Great Salads concept, Bananas Smoothies and Frozen Yogurt concept or Green Leaf's Beyond Great Salads including the Bananas Smoothies & Frozen Yogurt concept specified hereinabove. |
| If you fail to sign an Area Development Agreement within months of the date of your deposit and acceptance by Everything Yogurt Brands, LLC, Franchisor may retain 50% of your deposit and refund the balance of your deposit within 10 days after the expiration of the period set forth above to sign the Area Development Agreement. If you sign the Area Development Agreement within months from the date your deposit is received by Everything Yogurt Brands, LLC, the total deposit will be applied as a credit to the Development Fee specified hereinabove. |
| The undersigned acknowledges and agrees that neither their deposit nor any rights associated with this Deposit Agreement are assignable without the prior written consent of Everything Yogurt Brands, LLC which consent may be withheld by Everything Yogurt Brands, LLC at its sole and absolute discretion. |
| This deposit and any other payments shall be made payable to "EVERYTHING YOGURT BRANDS, LLC." |
Signatures: A facsimile signature, including photocopied, faxed and electronically transmitted (such as PDF) copies of a signature, is binding to the same extent as an original signature and shall be deemed an original signature with regard to this Deposit Agreement and all Riders and any Amendments hereto. The parties hereto agree that this Deposit Agreement may be executed electronically by any means Franchisor chooses, and if by electronic signature, the electronic signature shall be binding to the same extent as an original signature and shall be deemed an original signature with regard to this Deposit Agreement and all Riders, Amendments or Addenda hereto. You are not entitled to challenge the validation or authenticity of the electronic signature or the document on the ground that it is not the original.
[ Signatures on page that follows. ]
By our signatures below, we accept and Agreement and agree to the terms herein hereby acknowledge receipt of a completed copy on, on this the day of, 20 f this Deposit Agreed (Prospective Area Developer(s): Address: Address: Address: Accepted: EVERYTHING YOGURT BRANDS, By: Date: LLC
EXHIBIT TWO F
to the Area Development Agreement between Franchisor and Developer. The terms and definitions set out in the Summary Page of the Area Development Agreement are incorporated herein and made a part hereof as if fully set out.
State Riders (Area Development Agreement)
MARYLAND RIDER TO
EVERYTHING YOGURT BRANDS AREA DEVELOPMENT AGREEMENT
| This Rider to the Area | Development Agreement by and between Everything Yogurt Brands |
|---|---|
| LLC and Developer is dated _ | , 20 . |
- Section 13.5 of the Area Development Agreement is modified by the inclusion of the following language:
Any clause(s) referencing choice of forum is not applicable to claims arising under the Maryland Franchise Registration and Disclosure Law.
- The following language shall be added to Sections 2.2 and 11.4 of the Area Development Agreement:
Pursuant to COMAR 02.02.08. 16L, any general release, estoppel or waiver of liability required as a condition of purchase, renewal and/or assignment/transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
Pursuant to Section 14-226 of the Maryland Franchise Registration and Disclosure Law, we are prohibited from requiring prospective franchisees to assent to any release, estoppel or waiver of liability as a condition of purchasing a franchise.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt Franchise Disclosure Document, the deposit can act as a payment toward either the Development Fee or the Initial Franchise Fee, depending on the specific agreement. If the franchisee is entering into an Area Development Agreement, the deposit will be credited toward the Development Fee. Alternatively, if the franchisee is purchasing a single franchise, the deposit will be credited toward the Initial Franchise Fee. In some instances, the deposit may also be applied toward the purchase of an Everything Yogurt Brands, LLC company-owned restaurant.
For an Area Development Agreement, the deposit secures a period (number of months not specified in the excerpt) for the prospective franchisee to sign the agreement. If the agreement is signed within this period, the full deposit is credited towards the Development Fee. However, if the franchisee fails to sign the Area Development Agreement within the specified timeframe, Bananas Smoothies Frozen Yogurt (Everything Yogurt Brands, LLC) may retain 50% of the deposit, refunding the balance within 10 days after the period's expiration.
For a single franchise agreement, if the franchisee signs the Franchise Agreement within three months of the deposit date, the total deposit will be applied as a credit to the initial franchise fee. If the franchisee is purchasing a company-owned restaurant, the deposit will be applied to the purchase if the purchase is completed within three months. If the agreement is not signed or the purchase not completed within three months, Everything Yogurt Brands may retain fifty percent (50%) of the deposit and shall refund the balance of the deposit within 10 days after the expiration of the three-month period.
It is important to note that the deposit and any associated rights are not assignable without the prior written consent of Everything Yogurt Brands, LLC. All deposits and other payments should be made payable to "EVERYTHING YOGURT BRANDS, LLC."