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What happens if the price and terms of payment for a transfer of a Bananas Smoothies Frozen Yogurt development agreement are deemed too burdensome?

Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (vi) Franchisor must approve the material terms and conditions of such transfer including, without limitation, that the price and terms of payment are not so burdensome as to affect adversely the future development of the Development Area and the operation of EYB Concepts in it;

Source: Item 23 — RECEIPT (FDD pages 58–231)

What This Means (2025 FDD)

According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the franchisor must approve the material terms and conditions of a development agreement transfer. This includes ensuring that the price and terms of payment are not so burdensome that they could negatively affect the future development of the Development Area and the operation of Bananas Smoothies Frozen Yogurt concepts within it.

In practical terms, this means that if a Bananas Smoothies Frozen Yogurt developer seeks to transfer their agreement to another party, the franchisor has the right to review the financial aspects of the deal. If the franchisor believes that the transfer price is too high or the payment terms are too onerous for the buyer, they can disapprove the transfer. This is to protect the brand and ensure that new developers are set up for success and can adequately invest in and grow the Bananas Smoothies Frozen Yogurt business in their designated area.

This provision is fairly common in franchising, as franchisors want to maintain control over who is developing their brand and ensure that new franchisees or developers have the financial capacity to succeed. By retaining the right to approve the financial terms of a transfer, Bananas Smoothies Frozen Yogurt can mitigate the risk of a new developer being saddled with unsustainable debt or financial obligations that could hinder their ability to grow the franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.