Who is the Sublessee in the Bananas Smoothies Frozen Yogurt Sublease Agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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 Franchise Disclosure Document, the Sublessee in the Sublease Agreement is the franchisee. The document states that Everything Yogurt Brands, LLC, as the Sublessor, and the Sublessee, as the franchisee, have previously executed the current Franchise Agreement. Under this agreement, the Sublessee will operate a Bananas Smoothies Frozen Yogurt restaurant, subject to the terms outlined in both the Franchise Agreement and the Sublease.
This arrangement indicates that Bananas Smoothies Frozen Yogurt franchisees may be subleasing the premises from Everything Yogurt Brands, LLC, rather than directly leasing from the landlord. The Sublease Agreement ensures that the franchisee's operation of the restaurant aligns with the terms of both the lease and the franchise agreement. The franchisee, as the Sublessee, is responsible for adhering to the conditions set forth in the Sublease, including payment of rent and other charges directly to the Landlord, as stipulated in the original Lease agreement.
It's important to note that the Landlord has the right to unilaterally modify the Lease for the Demised Premises, which may result in amendments to the Sublease Agreement. Additionally, if the Franchise Agreement is terminated by the Sublessor's affiliate, the Sublease will also be terminated on the same day. The Sublessee's failure to make payments to the Franchisor, such as franchise fees or advertising contributions, will also constitute a default under the Sublease Agreement.