What is the role of the Tenant 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).
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 Tenant is the party that intends to operate a Green Leaf's Beyond Great Salads and/or Bananas Smoothies & Frozen Yogurt Franchised Restaurant in the Premises under the Franchise Agreement with Everything Yogurt Brands, LLC. The Landlord acknowledges that the provisions outlined in the Addendum to Lease are required for the Tenant to operate under the Franchise Agreement, and the Tenant would not lease the Premises without this Addendum.
The Tenant's rights to use and occupy the Premises as a Franchised Restaurant include the right to sell menu items specified in the Franchise Agreement and to engage in activities and operations conducted by a Franchised Restaurant. The Tenant has the right to make alterations and improvements to the Premises required by the plans and specifications approved by Everything Yogurt Brands, LLC. The Tenant can also remodel the Premises according to plans approved by Everything Yogurt Brands, LLC during the lease term.
If the Landlord gives the Tenant notice of any default or violation under the Lease, the Landlord must also give Everything Yogurt Brands, LLC notice of the default. In the event the Franchise Agreement between Everything Yogurt Brands, LLC and the Tenant expires or terminates, Everything Yogurt Brands, LLC has the option to have the Tenant's rights pursuant to the Lease assigned and transferred to them, assuming all of the Tenant's obligations, duties, and liabilities under the Lease.