What is the relationship between the Sublessor and the Tenant in the Bananas Smoothies Frozen Yogurt Sublease Agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Sublessor is the Tenant under the Lease, the terms and provisions of which are incorporated as if fully set out herein; and WHEREAS, Sublessee acknowledges and agrees that they are in receipt of a copy of the Lease and
WHEREAS, Sublessor has agreed with the Sublessee to grant a Sublease of the Demised Premise to Sublessee subject to the terms of this Sublease; and WHEREAS, Everything Yogurt Brands, LLC ("Franchisor") and Sublessee (as "Franchisee" have previously executed the current Franchise Agreement ("Franchise Agreement") under which the Sublessee will operate a Restaurant as the term is defined in the Franchise Agreement subject to the term of the Franchise Agreement and this Sublease; and Sublessee acknowledges that Landlord may unilaterally modify the Lease for the Demised Premises in which case this Sublease Agreement may be amended
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt Franchise Disclosure Document, the Sublessor in the Sublease Agreement is Everything Yogurt Brands, LLC. The document states that Everything Yogurt Brands, LLC, as the Sublessor, is also the Tenant under the original Lease. This means that Everything Yogurt Brands, LLC holds the original lease with the Landlord and is subleasing the premises to the Sublessee, who will operate a Bananas Smoothies Frozen Yogurt restaurant.
This arrangement is further clarified by the acknowledgment that Everything Yogurt Brands, LLC (as Franchisor) and the Sublessee (as Franchisee) have a pre-existing Franchise Agreement. The Sublessee's rights under the Lease are contingent upon the Franchise Agreement; should the Franchise Agreement expire or terminate, Everything Yogurt Brands, LLC has the option to assume the Tenant's rights under the Lease, provided they also assume the Tenant's obligations.
Prospective Bananas Smoothies Frozen Yogurt franchisees should understand that their rights to the leased premises are intertwined with both the Sublease Agreement and the Franchise Agreement. The franchisor, Everything Yogurt Brands, LLC, maintains control over the lease and can assign it to another franchisee if the original franchisee's agreement is terminated. This highlights the importance of maintaining a good relationship with the franchisor and adhering to the terms of the Franchise Agreement to secure the location for the duration of the lease.