What is the franchisee's primary responsibility regarding the operation of a Bananas Smoothies Frozen Yogurt restaurant?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
- (e) Franchisee shall implement a training program for employees of the Restaurant, in accordance with training standards and procedures prescribed by Franchisor, from time to time. Franchisor provides no training on human resources or administration issues. Franchisee shall maintain, at all times during the Term of this Agreement, a staff of trained employees sufficient to operate the Restaurant in accordance with this Agreement. Franchisee agrees not to employ any person who is required to complete a training program, but who fails or refuses to do so.
- (f) Franchisee is responsible for hiring all employees of the Restaurant and is exclusively responsible for the terms of their employment, including their compensation and training. Franchisee is solely responsible for all employment decisions for the Restaurant, including those related to hiring, firing, remuneration, personnel policies, benefits, record keeping, supervision and discipline, and regardless of whether advice was received from Franchisor on these subjects.
- (g) Franchisee (or its principal owner), or its Restaurant Manager, and any replacement Restaurant Managers shall attend additional training programs, sales meetings, operations meetings and conventions, as Franchisor may, from time to time, direct. Franchisor reserves the right to impose reasonable fees for such additional training. All expenses of Franchisee incurred in connection with attendance at training programs, sales meetings, operations meetings and conventions shall be borne solely by Franchisee.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the franchisee is responsible for the operation and management of the restaurant. Specifically, the franchisee must implement a training program for restaurant employees based on the standards and procedures prescribed by Bananas Smoothies Frozen Yogurt. The franchisee must also maintain a staff of trained employees sufficient to operate the restaurant according to the franchise agreement.
Furthermore, the franchisee is responsible for all hiring decisions, the terms of employment, compensation, and training of their employees. This includes decisions related to hiring, firing, remuneration, personnel policies, benefits, record keeping, supervision, and discipline. The franchisee is solely responsible for these employment decisions, regardless of any advice received from Bananas Smoothies Frozen Yogurt.
The franchisee (or the principal owner) or the Restaurant Manager, and any replacement Restaurant Managers must attend additional training programs, sales meetings, operations meetings, and conventions as directed by Bananas Smoothies Frozen Yogurt. The franchisee is responsible for all expenses incurred while attending these programs, meetings, and conventions, and Bananas Smoothies Frozen Yogurt reserves the right to charge reasonable fees for additional training programs.