Where is the radius of the protected area for a Bananas Smoothies Frozen Yogurt stated?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
If you require a lease site at an approved location other than an airport or an institutional feeding facility, (including, but not limited to, hospitals, hotels, and corporate or school cafeterias), we will grant you a circular area in which we may not franchise or establish a Franchised Business of the same type as you will operate. You will be provided with a protected area having a radius measured from the front door of the Franchised Business in all directions that is one-tenth of a mile from the Franchised Business or in the case of a Regional Shopping Mall, a protected area limited to the Regional Shopping Mall. This radius will be stated in the Franchise Agreement. Except in certain circumstances on a case by case basis, we do not grant a protected area with regard to airports or institutional feeding facilities. We retain the right, to franchise, operate, and/or distribute by any means services and products of the same type offered at your Franchised Business at these airports or institutional feeding facilities. Except as otherwise provided, we retain the right under the Franchise Agreement to use and franchise others to use the System under which your Franchised Business operates and the proprietary marks associated with that System, limited, of course, to locations outside your protected area. We also reserve the right under the Franchise Agreement, to develop and establish other franchise systems for the same or similar or different products or services under other proprietary marks and to operate a Franchised Business under these systems both within and outside of your protected area without granting you any right. We retain the right to develop, operate, and franchise other fast-food and conventional restaurant businesses using different proprietary marks. We also retain the right to use the proprietary marks described in Item 13 of this disclosure document, and any other proprietary marks designated by us for use with the Systems in connection with the sale of food and other products at wholesale or retail, both within and outside your protected area (although on occasion we have granted a protected area within an airport terminal).
Source: Item 12 — TERRITORY (FDD pages 43–46)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt Franchise Disclosure Document, the specific radius of the protected area granted to franchisees is detailed within the Franchise Agreement itself. For approved locations that are not airports or institutional feeding facilities, Bananas Smoothies Frozen Yogurt provides a circular protected area. This area extends from the front door of the franchised business, with a radius of one-tenth of a mile in all directions. However, for locations within a Regional Shopping Mall, the protected area is limited to only that mall.
It's important to note that Bananas Smoothies Frozen Yogurt typically does not grant protected areas for locations within airports or institutional feeding facilities, except in certain case-by-case situations. The franchisor retains the right to operate or franchise other businesses of the same type at these locations. Furthermore, Bananas Smoothies Frozen Yogurt reserves the right to develop other franchise systems with different proprietary marks, even if they offer similar products or services, and to operate these businesses both inside and outside of a franchisee's protected area.
Prospective franchisees should carefully review the Franchise Agreement to understand the exact terms and conditions of their protected area, including any exceptions or limitations. They should also inquire about the criteria used for granting protected areas in airports or institutional feeding facilities, as these are not uniformly applied. Understanding these territorial rights is crucial for assessing the potential for competition and the overall viability of the franchise.