Before signing a lease, what consent is required from Bananas Smoothies Frozen Yogurt?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
of, or to in any way bind, Everything Yogurt Brands, LLC and that Landlord has entered into the Lease and this Addendum creates any duties, obligations or liabilities on or against Everything Yogurt Brands, LLC.
- 8. Amendments. No amendment or variation of the terms of this Addendum is valid unless (i) made in writing and signed by Landlord and Tenant and (ii) Everything Yogurt Brands, LLC has provided its consent to the amendment.
- 9. Reaffirmation of Lease; Governing Terms. Except as amended or modified in this Addendum, all of the terms, conditions and covenants of the Lease are confirmed and remain in full force and effect.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, an addendum to the lease states that no amendment or variation of the terms of the addendum is valid unless Everything Yogurt Brands, LLC has provided its consent to the amendment. Everything Yogurt Brands, LLC is the franchisor of Bananas Smoothies Frozen Yogurt. This addendum is between the landlord and the tenant.
This means that while a franchisee (tenant) can negotiate lease terms with the landlord, any changes to the lease addendum require the franchisor's approval to be valid. This protects the Bananas Smoothies Frozen Yogurt brand by ensuring that lease terms align with the franchise agreement.
Furthermore, the FDD states that Everything Yogurt Brands, LLC is a third party beneficiary of the agreements of the landlord set forth in the addendum. Tenant, Everything Yogurt Brands, LLC, or both, shall have the right to enforce Landlord's agreements in this Addendum.