What must a Bananas Smoothies Frozen Yogurt franchisee do before starting restaurant construction?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
of the possibility of such damage.
5. RESTAURANT DEVELOPMENT
Franchisee is responsible for the construction and development of the Restaurant. Within a reasonable amount of time after Franchisee executes this Agreement and upon Franchisee's written request, Franchisor will provide to Franchisee the most current specifications for the design and general layout of the Restaurant. Prior to commencing construction, Franchisee must comply, to Franchisor's sole satisfaction, with the following:
- (a) Franchisee must engage an approved architect and engineer to prepare a site layout and working drawings for construction of the Restaurant, and submit to Franchisor a statement identifying the architect and engineer, describing the qualifications of each.
- (b) Franchisee must submit to Franchisor for its approval, a site layout and working drawings adopting Franchisor's then-current plans and specifications for constructing, equipping, fixturing and furnishing the Restaurant at the approved site in compliance with all applicable laws, regulations and ordinances (the "Plans"). The Plans must not be materially changed or modified without Franchisor's prior written consent: a change is material if it (1) affects the structural integrity of the Restaurant, (2) changes the appearance, location, size or quality of the Restaurant, (3) affects the appearance, furnishings or fixturizing of the Restaurant or (4) causes the Restaurant to deviate from the standards then established for the System. Franchisor's approval of the Plans constitutes only a representation that the Plans comply with Franchisor's then-current plans and specifications for construction; such approval does not equate or constitute Franchisor's representation of compliance with Franchisee's landlord's construction criteria, if applicable, or state or local building requirements, for which Franchisee is solely responsible.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, before starting restaurant construction, a franchisee must take several steps to ensure compliance with the brand's standards and local regulations. The franchisee is responsible for the construction and development of the restaurant.
First, the franchisee must engage an approved architect and engineer to prepare a site layout and working drawings for the restaurant's construction. They must then submit a statement to Bananas Smoothies Frozen Yogurt that identifies the architect and engineer and describes their qualifications. Next, the franchisee must submit the site layout and working drawings to Bananas Smoothies Frozen Yogurt for approval, ensuring they adopt the franchisor's current plans and specifications for constructing, equipping, fixturing, and furnishing the restaurant at the approved site. These plans must comply with all applicable laws, regulations, and ordinances.
Additionally, the franchisee must employ an approved general contractor to construct the restaurant and complete all improvements, submitting a statement to Bananas Smoothies Frozen Yogurt that identifies the general contractor and describes their qualifications and financial responsibility. The franchisee is also responsible for obtaining all necessary permits, certificates, and licenses required for construction and completing improvements to the restaurant. These include permits related to zoning, access, utilities, signage, building, health, safety, and environmental laws. Failing to comply with these requirements may lead to the franchisor reviewing the site layout and working drawings, potentially requiring the franchisee to pay a $2,000 Plan Compliance Fee.