What is the responsibility of the Bananas Smoothies Frozen Yogurt franchisee regarding the construction and development of the Restaurant?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
ng construction, Franchisee must comply, to Franchisor's sole satisfaction, with the following:
- (a) Franchisee must engage an approved architect and engineer to prepare a site layout and working drawings for construction of the Restaurant, and submit to Franchisor a statement identifying the architect and engineer, describing the qualifications of each.
- (b) Franchisee must submit to Franchisor for its approval, a site layout and working drawings adopting Franchisor's then-current plans and specifications for constructing, equipping, fixturing and furnishing the Restaurant at the approved site in compliance with all applicable laws, regulations and ordinances (the "Plans"). The Plans must not be materially changed or modified without Franchisor's prior written consent: a change is material if it (1) affects the structural integrity of the Restaurant, (2) changes the appearance, location, size or quality of the Restaurant, (3) affects the appearance, furnishings or fixturizing of the Restaurant or (4) causes the Restaurant to deviate from the standards then established for the System. Franchisor's approval of the Plans constitutes only a representation that the Plans comply with Franchisor's then-current plans and specifications for construction; such approval does not equate or constitute Franchisor's representation of compliance with Franchisee's landlord's construction criteria, if applicable, or state or local building requirements, for which Franchisee is solely responsible.
- (c) Franchisee must employ an approved general contractor to construct the Restaurant and complete all improvements and submit to Franchisor a statement identifying the general contractor and describing the general contractor's qualifications and financial responsibility.
- (d) Franchisee must obtain all permits, certificates and licenses required for construction and completing improvements to the Restaurant, including without limitation, those required by applicable zoning, access, utility, sign, building, health, safety, environmental laws, ordinances, rules and regulations.
- (e) Should Franchisee fail to comply with any of the requirements set forth hereinabove in paragraphs (a) and (b), Franchisor, in its sole discretion, may agree to review the site layout and working drawings and require Franchisee to pay a Two Thousand Dollar ($2,000) Plan Compliance Fee within ten (10) days of notice fr
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the franchisee has several responsibilities regarding the construction and development of their restaurant. The franchisee must engage an approved architect and engineer to prepare a site layout and working drawings for the restaurant's construction, submitting a statement identifying their qualifications to Bananas Smoothies Frozen Yogurt. The franchisee must submit these plans to Bananas Smoothies Frozen Yogurt for approval, ensuring they align with the franchisor's current plans and specifications for construction, equipping, fixturing, and furnishing the restaurant while complying with all applicable laws and regulations.
The Bananas Smoothies Frozen Yogurt franchisee cannot materially alter or modify the approved plans without prior written consent from the franchisor. A material change is defined as anything affecting the restaurant's structural integrity, appearance, size, quality, furnishings, fixturing, or deviation from the system's established standards. Bananas Smoothies Frozen Yogurt's approval of the plans only confirms compliance with their specifications and does not guarantee compliance with the franchisee's landlord's construction criteria or local building requirements, which remain the franchisee's sole responsibility.
The franchisee is also required to employ an approved general contractor to construct the restaurant and complete all improvements, providing Bananas Smoothies Frozen Yogurt with a statement identifying the contractor and detailing their qualifications and financial responsibility. Furthermore, the franchisee must obtain all necessary permits, certificates, and licenses for construction and improvements, adhering to zoning, access, utility, sign, building, health, safety, and environmental laws.
If a Bananas Smoothies Frozen Yogurt franchisee fails to comply with the requirements for site layout and working drawings, Bananas Smoothies Frozen Yogurt may, at its discretion, review the drawings and require the franchisee to pay a $2,000 Plan Compliance Fee within ten days of notice. The franchisee must also notify Bananas Smoothies Frozen Yogurt of the commencement of construction within ten days after it begins.