What is the significance of the Demised Premises in relation to the Bananas Smoothies Frozen Yogurt Lease?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
| State of Formation: |
|---|
| Address: |
| Sublessee ("Sublessee"): |
| State of Formation: |
| Address: |
| Sublease Date ("Sublease Date"): |
| Lease ("Lease"): |
| Dated: |
| Tenant ("Tenant"): |
| Landlord ("Landlord"): |
| 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 FDD, the "Demised Premises" refers to the specific location or property that the franchisee will lease to operate their Bananas Smoothies Frozen Yogurt business. The Demised Premises is described in the Lease agreement between the landlord and the tenant (franchisee). The franchisor, Everything Yogurt Brands, LLC, subleases this premise to the franchisee.
The sublease agreement grants the franchisee the right to operate a Bananas Smoothies Frozen Yogurt restaurant at the Demised Premises, subject to the terms of both the sublease and the franchise agreement. The landlord retains the right to modify the lease for the Demised Premises, which may result in amendments to the sublease agreement.
Everything Yogurt Brands, LLC, as a third-party beneficiary, has rights related to the Demised Premises. The franchisor can receive notices of default, enter the premises to remove branding upon termination of the lease or franchise agreement, and enforce the landlord's agreements. The franchisee is allowed to make alterations and improvements to the Demised Premises according to the franchisor's approved plans and specifications. This ensures that the location is suitable for operating a Bananas Smoothies Frozen Yogurt franchise and that it adheres to the brand's standards.