For a Bananas Smoothies Frozen Yogurt franchise, under what condition can the Sublease Agreement be modified?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Everything Yogurt Brands, LLC ("Franchisor") and Sublessee (as "Franchisee" have previously executed the current Franchise Agreement ("Franchise Agreement") under which the Sublessee will operate a Restaurant as the term is defined in the Franchise Agreement subject to the term of the Franchise Agreement and this Sublease; and Sublessee acknowledges that Landlord may unilaterally modify the Lease for the Demised Premises in which case this Sublease Agreement may be amended modify the Leade for the Definition Fromtier in which case this subjects regionitely the difficult
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 Sublease Agreement may be amended if the Landlord unilaterally modifies the Lease for the Demised Premises. This means that if the landlord makes changes to the original lease agreement for the property, the Sublease Agreement between Everything Yogurt Brands, LLC, as the sublessor, and the franchisee, as the sublessee, may also need to be updated to reflect those changes.
This condition protects the interests of all parties involved. It ensures that the Sublease Agreement remains consistent with the primary Lease. The franchisee needs to be aware that changes to the original lease can impact their sublease and their rights and obligations regarding the property.
As a prospective franchisee, it would be prudent to discuss with Bananas Smoothies Frozen Yogurt what specific types of modifications to the Lease would trigger an amendment to the Sublease Agreement. It would also be wise to understand the process for making such amendments and how the franchisee would be involved in that process.