Does the Bananas Smoothies Frozen Yogurt sublease agreement supersede prior agreements?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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. |
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 agreement is designed to amend the original lease. Recital D within the addendum states that the parties involved, which include the landlord and the tenant, have the intention to modify the lease according to the terms and conditions outlined in the addendum.
Specifically, Recital C of the addendum emphasizes that the provisions included are a requirement of the Franchise Agreement under which the tenant plans to operate their Bananas Smoothies & Frozen Yogurt business. This recital also states that the tenant would not proceed with leasing the premises without this addendum in place. This highlights the importance of the addendum in facilitating the franchise operation.
This addendum ensures that the lease aligns with the requirements of the Bananas Smoothies Frozen Yogurt franchise agreement. For a prospective franchisee, this means that the addendum is a critical component of securing a location and ensuring that the lease terms support the operation of their franchise. The franchisee should carefully review the addendum with legal counsel to fully understand its implications and ensure compliance with the franchise agreement.