What is the role of the Guarantor in relation to the Bananas Smoothies Frozen Yogurt Franchise Agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
| Guarantor: | | This Sublease Agreement is made this day of, 20, by and between | | Everything Yogurt Brands, LLC, a Delaware limited liability company, having an address at 25 | | Washington Street, Morristown, New Jersey 07960 ("Sublessor") and, having an address | | at, ("Sublessee"). | | | | 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 | | modify the Leade for the Definition Fromtier in which case this subjects regionitely the difficult |
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 role of the Guarantor is referenced within the context of a Sublease Agreement. The document outlines a scenario where Everything Yogurt Brands, LLC, as the Sublessor, grants a sublease of the Demised Premises to a Sublessee, who is also the Bananas Smoothies Frozen Yogurt Franchisee.
The document states that Everything Yogurt Brands, LLC (referred to as "Franchisor") and the Sublessee (referred to as "Franchisee") have previously executed a Franchise Agreement under which the Sublessee will operate a Restaurant. The operation is subject to the terms of both the Franchise Agreement and the Sublease. The Sublessee acknowledges that the Landlord may unilaterally modify the Lease for the Demised Premises, which could result in amendments to the Sublease Agreement.
While the document mentions a "Guarantor" in a table outlining details of the Sublease Agreement, it does not explicitly define the Guarantor's specific obligations or responsibilities. The Guarantor is listed alongside other key parties and elements of the sublease, such as the Sublessor, Sublessee, Landlord, and the address of the involved parties. The agreement also includes "WHEREAS" clauses that lay out the context for the sublease, including the Sublessor's existing lease and the Franchise Agreement between the Franchisor and Sublessee.