Does Bananas Smoothies Frozen Yogurt have a right of first refusal to acquire a franchisee's business?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Section in the Area Development Agreement | Summary |
|---|---|---|---|
| n. Franchisor's right of first refusal to acquire franchisee's business | Sec. 18 of the Franchise Agreement | §11.5 | We can match any offer, or the cash equivalent |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 49–52)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt Franchise Disclosure Document, Bananas Smoothies Frozen Yogurt does have a right of first refusal to acquire a franchisee's business. This means that if a franchisee receives an offer to purchase their Bananas Smoothies Frozen Yogurt business, they must first offer Bananas Smoothies Frozen Yogurt the opportunity to buy the business on the same terms.
Specifically, Bananas Smoothies Frozen Yogurt can match any offer made to the franchisee, or offer the cash equivalent. This right is detailed in Section 18 of the Franchise Agreement and Section 11.5 of the Area Development Agreement.
This is a fairly standard provision in franchise agreements. It allows Bananas Smoothies Frozen Yogurt to maintain control over who enters the system and to prevent the brand from falling into the hands of a competitor or someone who does not meet their standards. For a franchisee, this could potentially limit the pool of potential buyers and possibly the sale price of their business, as any potential buyer knows that Bananas Smoothies Frozen Yogurt has the option to step in and purchase the business themselves.