What is the role of the Landlord in relation to the Bananas Smoothies Frozen Yogurt Franchise Agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor and Franchisee. The terms and definitions set out in the Summary page of the Franchise Agreement are incorporated herein and made a part hereof as if fully set out.
ADDENDUM TO LEASE
| THIS ADDENDUM TO LEASE (this "Addendum") dated, 20 is entered into |
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| by and between(" Landlord "), and(" Tenant "). |
| RECITALS |
| A. The parties have entered into a certain lease dated |
| B. Landlord acknowledges that Tenant intends a operate a "Green Leaf's Beyond Great Salads" and/or "Bananas, Smoothies & Frozen Yogurt" or sometimes designated "The Market By Villa" ("Franchised Restaurant") in the Premises under a Everything Yogurt Brands, LLC Franchise Agreement (the " Franchise Agreement "). |
| C. Landlord acknowledges that the provisions of this Addendum are required pursuant to the Franchise Agreement under which Tenant plans to operate its business and that Tenant would not lease the Premises without this Addendum. |
| D. The parties now desire to amend the Lease in accordance with the terms and conditions in this Addendum. |
AGREEMENT
NOW, THEREFORE, it is mutually agreed between Landlord and Tenant that, notwithstanding anything to the contrary in the Lease:
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- Use of the Premise. Tenant's right to use and occupy the Premises as a Franchised Restaurant includes the right to sell those menu items from time to time specified under the terms of the Franchise Agreement and to engage in those activities and operations from time to time conducted by a Franchised Restaurant.
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- Tenant Improvements; Décor; Remodeling. At the commencement of the Lease, Tenant will have the right to make all alterations and improvements to the Premises which are required by the plans and specifications for a Franchised Restaurant, as those plans and specifications have been approved specifically by Everything Yogurt Brands, LLC for the Premises. During the term of the Lease (including any extensions or renewals of the Lease), Tenant will have the right to remodel the Premises from time to time according to the plans and specifications approved by Everything Yogurt Brands, LLC for each remodeling.
3. Signage.
- 3.1 Landlord approves the design, size, and specifications of the exterior signs (if more than one) described in Exhibit A_to this Addendum, including the colors and open channel lettering (the "Approved Exterior Signs") (if there is one Approved Exterior Sign described in Exhibit A, then the term "Approved Exterior Signs" in this Addendum means that single Approved Exterior Sign).
- 3.2 Tenant will have the right to install and display (a) the Approved Exterior Signs on the exterior of the Premises and (b) all proprietary marks and signs on the interior of the Premises, as Tenant is, in each instance, required to do pursuant the terms of the Franchise Agreement. The placement of the Approved Exterior Signs on the exterior of the Premises will be as permitted by applicable building and zoning codes.
- 3.3 If Tenant desires to replace any of the Approved Exterior Signs with another exterior sign (the "Replacement Sign"), then Tenant will submit to Landlord the proposed design, size, placement and specifications of the Replacement Sign.
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 landlord plays a crucial role through an addendum to the lease agreement, acknowledging the franchisee's intent to operate a Bananas Smoothies & Frozen Yogurt (or related) franchise. The landlord understands that the terms within this addendum are essential for the franchisee to operate under the Everything Yogurt Brands, LLC Franchise Agreement, without which the franchisee would not lease the premises. This addendum amends the original lease to accommodate the franchise operation.
The landlord agrees that the franchisee can use the premises to sell menu items specified in the Franchise Agreement and engage in activities typical of a franchised restaurant. The franchisee has the right to make necessary alterations and improvements at the start of the lease, as long as Everything Yogurt Brands, LLC approves the plans. Remodeling during the lease term also requires approval from Everything Yogurt Brands, LLC.
Furthermore, the landlord must provide Everything Yogurt Brands, LLC with notices of any default or violation by the tenant under the lease terms, ensuring the franchisor is informed of any issues. Upon expiration or termination of either the lease or the Franchise Agreement, the landlord must allow Everything Yogurt Brands, LLC access to the premises to remove signs and make modifications to protect its proprietary marks and distinguish the location from a franchised restaurant. The landlord will be notified of these modifications and is only obligated to allow them if Everything Yogurt Brands, LLC repairs any damage caused during the removal and modifications.