How is the term 'affiliate' defined in the Addendum for a Bananas Smoothies Frozen Yogurt franchise?

According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the term 'affiliate' within the context of the Addendum to Lease agreement is specifically defined. This definition is important for understanding the legal and business relationships that Everything Yogurt Brands, LLC (the franchisor) has with other entities, and how those relationships might affect the franchisee.

Specifically, an 'affiliate' refers to any person or entity that falls into one of three categories: (i) entities owned or controlled by Everything Yogurt Brands, LLC, (ii) entities that own and control Everything Yogurt Brands, LLC, or (iii) entities under common control with Everything Yogurt Brands, LLC. This definition clarifies that an affiliate relationship can exist through direct ownership, control by the franchisor, ownership of the franchisor, or shared control with the franchisor by another entity.

This definition matters to a prospective Bananas Smoothies Frozen Yogurt franchisee because it helps clarify who the franchisor is connected to. For example, this could impact which entities Bananas Smoothies Frozen Yogurt might partner with for supply chain, marketing, or other services. It also has implications for non-compete clauses, as the franchisee may be restricted from engaging with businesses that are considered affiliates. Understanding these relationships is crucial for assessing potential conflicts of interest and the overall business ecosystem of the Bananas Smoothies Frozen Yogurt franchise system.