Does the Bananas Smoothies Frozen Yogurt franchisor reserve the right to change the System?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor reserves the right, in its sole discretion, to modify its System, including the adoption and use of new or modified logos, trade names, trademarks, service marks or copy-righted materials, new food items, new products, new techniques or new equipment. Franchisee recognizes Franchisor's right to make any such modifications or changes and agrees to accept, implement, use and display such changes and modifications at Franchisee's expense as if they were part of this Franchise Agreement at the time of the execution hereof. Franchisee, within a reasonable time, will make such expenditures as such changes or modification may require.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the franchisor retains the right to modify its System at its sole discretion. This includes adopting new or modified logos, trade names, trademarks, service marks, copyrighted materials, new food items, products, techniques, or equipment.
As a Bananas Smoothies Frozen Yogurt franchisee, you are obligated to accept, implement, use, and display these changes and modifications at your own expense, as if they were part of the original franchise agreement. This means you will need to allocate funds for any required expenditures to accommodate these changes within a reasonable timeframe.
This clause gives Bananas Smoothies Frozen Yogurt significant flexibility to evolve the brand and operations. While this can be beneficial in keeping the franchise competitive, it also places a financial burden and operational adjustment requirement on the franchisee. It is important for prospective franchisees to consider the potential costs and disruptions associated with these changes when evaluating the franchise opportunity.