factual

Does the Bananas Smoothies Frozen Yogurt indemnity continue after the termination of the agreement?

Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDD

Answer from 2025 FDD Document

Paragraph 12.03 of the Franchise Agreement is amended by the inclusion of the following:

  • The franchisor will protect the franchisee's right to use the trademarks, service marks, trade names, logotypes or other commercial symbols or indemnify the franchisee from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the name.

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

What This Means (2025 FDD)

Based on the 2025 Bananas Smoothies Frozen Yogurt Franchise Disclosure Document, a specific clause within the Minnesota Rider to the Franchise Agreement addresses trademark protection and indemnification. According to the rider, the franchisor will protect the franchisee's right to use trademarks, service marks, trade names, logotypes, or other commercial symbols. Furthermore, the franchisor will indemnify the franchisee from any losses, costs, or expenses arising from claims, suits, or demands related to the use of the name.

However, the excerpt focuses specifically on Minnesota law and its implications for franchisees in that state. The document does not explicitly state whether this indemnity extends beyond the termination of the franchise agreement. This means that while franchisees in Minnesota are protected during the term of their agreement, the FDD excerpt does not clarify if this protection continues post-termination.

Prospective franchisees should seek clarification from Bananas Smoothies Frozen Yogurt regarding the duration and scope of the indemnification, particularly in relation to claims arising after the franchise agreement has ended. It would be prudent to understand under what circumstances the indemnity would apply and what limitations or exclusions might exist. Franchisees should also consult with a legal professional to fully understand their rights and obligations under the franchise agreement and any applicable state laws.

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.