What notices of independent ownership must the Bananas Smoothies Frozen Yogurt franchisee place on materials?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may not make any express or implied agreements, warranties, guarantees or representations or incur any debt in Franchisor's name or on Franchisor's behalf or represent that the relationship of the parties hereto is anything other than that of independent contractors. Franchisor will not be obligated by or have any liability under any agreements made by Franchisee with any third party or for any representations made by Franchisee to any third party. Franchisor will not be obligated for any damages to any person or property arising directly or indirectly out of the operation of Franchisee's business hereunder.
24.02 Public Notice. During the term of this Agreement and any extensions hereof, Franchisee shall hold itself out to the public as an independent contractor operating the business pursuant to a franchise from Franchisor. Franchisee agrees to take such affirmative action as may be necessary to do so, including, without limitation, exhibiting a notice of that fact in a conspicuous place at the Restaurant, the content of which Franchisor reserves the right to specify.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, franchisees must hold themselves out to the public as independent contractors operating their business under a franchise from Everything Yogurt Brands, LLC. To ensure the public understands this independent relationship, Bananas Smoothies Frozen Yogurt franchisees must take affirmative actions, including exhibiting a notice in a conspicuous place at the restaurant.
The FDD specifies that the franchisor, Everything Yogurt Brands, LLC, retains the right to specify the content of this notice. This means that while the franchisee is responsible for displaying the notice, the franchisor has control over what the notice actually says.
This requirement is fairly standard in franchising, as it protects the franchisor from liability for the franchisee's actions and clarifies the distinct legal relationship between the two parties. Prospective Bananas Smoothies Frozen Yogurt franchisees should confirm with the franchisor the exact wording and placement requirements for this notice to ensure compliance with the franchise agreement.