What does the Sublessee acknowledge regarding the Lease in the Bananas Smoothies Frozen Yogurt Sublease Agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Sublessee hereby acknowledges and agrees that: the Lease is fully negotiated, it has not been charged for said negotiations, it did not rely on the negotiations, it had its own counsel review the Sublease and Sublessor and its attorneys, officers, representatives, general counsel and employees represented only Sublessor and not Sublessee in the negotiations. Sublessee hereby further agrees and acknowledges that it is accepting the Lease "as is", and that, consistent with paragraph 15 of this Sublease, neither Sublessor, nor any of its officers, employees, representatives, general counsel or attorneys have made any representations or promises upon which Sublessee has relied in connection with the Lease and this Sublease.
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- Sublessee shall supply the Landlord and the Sublessor with copies of the required Certificate of Insurance.
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- Where used in this Sublease any word or term that is specifically defined in the Lease shall have the same meaning as that ascribed to it in the Lease.
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- The Sublessee will pay any and all rents and other charges due and owing under the Lease directly to the Landlord, pursuant to the terms and conditions of the Lease. The fees due under the Franchise Agreement will be paid to Franchisor pursuant to the terms of the Franchise Agreement.
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- Sublessee acknowledges that Sublessor and/or its affiliates has/have a long- standing relationship with the Landlord under the Lease. If, as a result of said relationship, Sublessor achieves a rent
credit or other savings under the Lease, Sublessor will retain the benefit of said credit and/or savings, and Sublessee will continue to pay Landlord the amounts due and owing on the attached Lease.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the Sublessee acknowledges several key aspects of the Lease agreement. The Sublessee agrees that the Lease was fully negotiated and that they were not charged for these negotiations. They also confirm that they did not rely on these negotiations and had their own legal counsel review the Sublease. The Sublessee acknowledges that the Sublessor and its representatives only represented the Sublessor's interests during negotiations, not the Sublessee's.
Furthermore, the Sublessee agrees to accept the Lease "as is," and acknowledges that neither the Sublessor nor its representatives have made any representations or promises upon which the Sublessee relied in connection with the Lease and Sublease. This means the franchisee is taking the lease in its current condition, with no guarantees or assurances from Bananas Smoothies Frozen Yogurt (as the sublessor) about its suitability or future performance.
In addition, the Sublessee is responsible for providing copies of the required Certificate of Insurance to both the Landlord and the Sublessor. The Sublessee is also obligated to pay all rents and other charges due under the Lease directly to the Landlord, according to the terms and conditions of the Lease. Fees due under the Franchise Agreement, however, will be paid to Bananas Smoothies Frozen Yogurt as outlined in the Franchise Agreement. The Sublessee also acknowledges that the Sublessor may have a long-standing relationship with the Landlord and that any rent credits or savings the Sublessor achieves will be retained by the Sublessor, with the Sublessee continuing to pay the amounts due on the attached Lease.