Is the Bananas Smoothies Frozen Yogurt Sublease subject to the terms and provisions of the Lease?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
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
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- The Sublessee covenants with the Sublessor to perform as follows:
- (b) Perform and observe all of the covenants on the part of the Sublessor as tenant under the provisions of the Lease and to keep the Sublessor fully and completely indemnified against all actions, claims, expenses and demands in respect to each and every of such covenants; and
- (c) Not assign, sublet or part with possession of all or any part of the Demised Premises without the prior consent in writing of the Sublessor, which consent may be unreasonably withheld, or if granted, may be granted by the Sublessor upon such terms and conditions as the Sublessor may see fit; subject always to the prior consent of the Landlord in accordance with, and subject to, the terms of the Lease; and
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the Sublease agreement is subject to the terms and provisions of the original Lease. The FDD states that the terms and provisions of the Lease are incorporated into the Sublease as if they were fully detailed within the Sublease itself.
This means that a Bananas Smoothies Frozen Yogurt franchisee (as Sublessee) is bound by all the obligations and conditions outlined in the original Lease agreement between the Sublessor (Everything Yogurt Brands, LLC) and the Landlord. The franchisee acknowledges receipt of a copy of the Lease, indicating they are aware of its contents and implications.
Furthermore, the franchisee (Sublessee) covenants to perform and observe all the covenants on the part of the Sublessor as tenant under the provisions of the Lease and to keep the Sublessor fully and completely indemnified against all actions, claims, expenses and demands in respect to each and every of such covenants. This includes paying rent, and adhering to all other requirements specified in the original Lease. The franchisee must also obtain prior written consent from the Sublessor before assigning, subletting, or parting with possession of any part of the Demised Premises, subject always to the prior consent of the Landlord in accordance with, and subject to, the terms of the Lease.
This arrangement ensures that the Landlord's interests are protected and that the Bananas Smoothies Frozen Yogurt location operates in compliance with the overarching Lease agreement. The franchisee should carefully review the original Lease in addition to the Sublease to fully understand their rights and responsibilities.