What is the significance of the 'Demised Premise' in the Bananas Smoothies Frozen Yogurt Sublease Agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
| Premises ("Demised Premises"): as described in the Lease. |
|---|
| 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 'Demised Premises' refers to the specific location or property that is being subleased to the franchisee. The Sublease Agreement outlines the terms and conditions under which the Sublessor (Everything Yogurt Brands, LLC) grants the Sublessee (the franchisee) the right to operate a Bananas Smoothies Frozen Yogurt restaurant at that location. The Demised Premises is described in the Lease.
The Sublease Agreement is contingent upon the franchisee's acknowledgement and agreement to the terms of the original Lease, which are incorporated into the Sublease Agreement. The franchisee must recognize that the Landlord may modify the Lease for the Demised Premises, which could result in amendments to the Sublease Agreement. This indicates that the franchisee's rights to the location are subject to the overarching Lease and any changes made by the Landlord.
The franchisor, Everything Yogurt Brands, LLC, and the franchisee must have previously executed a Franchise Agreement under which the franchisee will operate a restaurant. The franchisee's operation of the restaurant is subject to both the Franchise Agreement and the Sublease Agreement. This highlights the interconnectedness of the franchise relationship and the physical location from which the business operates. The Demised Premises, therefore, is a critical element in defining the franchisee's rights and responsibilities in relation to the location of their Bananas Smoothies Frozen Yogurt business.