Does Bananas Smoothies Frozen Yogurt reserve the right to substitute different proprietary marks?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
We reserve the right to substitute different proprietary marks for use in identifying the Systems and the businesses operating under them, if we, at our sole discretion, determine that the substitution of different marks as Proprietary Marks will be beneficial to the Systems. You must promptly implement any substitution of new Proprietary Marks. We will bear the costs of modifying your marketing materials to conform to our new Proprietary Marks, but will otherwise have no obligation or liability to you for a substitution.
Source: Item 13 — TRADEMARKS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt Franchise Disclosure Document, Bananas Smoothies Frozen Yogurt does reserve the right to substitute different proprietary marks. If Bananas Smoothies Frozen Yogurt determines that substituting different marks will benefit the system, they may do so at their sole discretion.
As a franchisee, you would be required to promptly implement any substitution of new proprietary marks. Bananas Smoothies Frozen Yogurt will cover the costs of modifying your marketing materials to align with the new proprietary marks. However, Bananas Smoothies Frozen Yogurt bears no further obligation or liability to the franchisee for such a substitution.
This clause in the franchise agreement means that Bananas Smoothies Frozen Yogurt has the flexibility to rebrand or update its trademarks as it sees fit. While Bananas Smoothies Frozen Yogurt will cover the cost of updating marketing materials, franchisees should be aware that a change in branding could still impact their business, requiring them to adapt to the new branding and potentially re-establish brand recognition in their local market. Franchisees do not have the option to refuse the new proprietary marks.