For Bananas Smoothies Frozen Yogurt, how should a party request approval or consent required by the agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
- (i) Approvals and Consents. Whenever this Agreement requires the approval or consent of either party, the other party shall make written request therefore, and such approval or consent shall be obtained in writing.
- (j) Notices and Consents. Whenever this Agreement requires the approval or consent of either party, the other party shall make written request therefore, and such approval or consent shall be obtained in writing.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, any time either party needs approval or consent from the other as required by the agreement, they must make a written request. Furthermore, the approval or consent itself must also be obtained in writing to be considered valid. This requirement ensures a clear record of all requests and approvals, preventing misunderstandings or disputes later on.
This stipulation is fairly standard in franchise agreements, as it provides a formal process for communication and decision-making. By requiring written requests and approvals, Bananas Smoothies Frozen Yogurt aims to maintain transparency and accountability in its dealings with franchisees. This also protects the franchisee by ensuring that any approvals or consents are documented and cannot be easily revoked or altered without further written agreement.
In practical terms, a Bananas Smoothies Frozen Yogurt franchisee should always document any request for approval or consent in writing, whether it's related to site selection, marketing materials, or operational changes. They should also ensure they receive written confirmation of approval before proceeding. This practice will help the franchisee stay in compliance with the franchise agreement and protect their interests in the long run. Failing to obtain written consent could lead to disputes or even a breach of contract.