Can Bananas Smoothies Frozen Yogurt grant other franchises for the same marks?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
ies & Frozen Yogurt**," "The Market By Villa," and other associated designs, artwork and trade dress, which have gained and continue to gain public acceptance and goodwill, and may create, use and license additional trademarks, service marks and commercial symbols in conjunction with the operation of EYB Concepts (collectively, the "Marks") . We grant to persons who meet our qualifications and are willing to undertake the investment and effort, the right to develop and operate multiple EYB Concepts located within a defined geographic area.
- 1.2 Representations. Developer represents and warrants to Franchisor that Developer:
- (a) has read this Agreement and our Franchise Disclosure Document;
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 FDD, Bananas Smoothies Frozen Yogurt grants rights to qualified individuals to develop and operate multiple EYB Concepts within a defined geographic area. If a developer fails to meet the Minimum Development Quota within the Development Schedule, Bananas Smoothies Frozen Yogurt has the right to operate (directly or through affiliates) or grant franchises for the operation of Green Leaf's Restaurants within the Development Area.
This means that if a franchisee does not meet their development obligations, Bananas Smoothies Frozen Yogurt retains the right to either operate franchises themselves or grant franchises to others within the original franchisee's development area. This clause protects Bananas Smoothies Frozen Yogurt's ability to expand and maintain its brand presence, even if a franchisee is underperforming.
Furthermore, the FDD states that franchisees are restricted from engaging in competitive businesses, including franchising or licensing similar concepts, unless under a franchise agreement with Bananas Smoothies Frozen Yogurt or its affiliates. This restriction ensures that franchisees focus solely on developing Bananas Smoothies Frozen Yogurt franchises and do not divert resources or knowledge to competing brands. This non-compete clause extends to preventing franchisees from holding interests in entities that grant franchises or licenses for competitive businesses, reinforcing Bananas Smoothies Frozen Yogurt's control over its brand and market.