What does the Sublessor agree to do in the Bananas Smoothies Frozen Yogurt Sublease Agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
Sublessee further acknowledges and agrees that Sublessor has the absolute right to modify and amend this Sublease whenever and as often as Landlord amends or modifies the Lease so that this Sublease Agreement reflects all modifications or amendments made to the Lease. Sublessee acknowledges it may incur increased cost to comply with the modifications. In the event of any amendment or modification to the Lease by Lessor then in that event, Sublessor shall give Sublessee notice in writing of the modification and such modification shall operate as an amendment to this Sublease Agreement without the need for furth
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the Sublessor has the right to modify and amend the Sublease whenever the Landlord amends or modifies the original Lease. This ensures the Sublease Agreement reflects all changes made to the Lease. The Sublessor is obligated to provide written notice to the Sublessee (the franchisee) of any such modifications, which will then operate as an amendment to the Sublease Agreement without needing further documentation.
This clause has significant implications for a prospective Bananas Smoothies Frozen Yogurt franchisee. It means that the franchisee's sublease terms can change whenever the original lease between the Sublessor and the Landlord is altered. These changes can occur at any time and may impact the franchisee's operational costs. The franchisee is responsible for complying with these modifications, potentially incurring increased costs to meet the new requirements.
While the Sublessor must notify the Sublessee of any changes, the Sublessee has limited recourse to negotiate these changes, as the Sublease automatically reflects the modifications to the original Lease. This arrangement places the risk of unforeseen changes and costs squarely on the franchisee. Therefore, a prospective franchisee should carefully review the original Lease and understand the potential for future modifications before entering into the Sublease Agreement. They should also consider negotiating terms that protect their interests in case of significant changes to the Lease.