Under what condition can Bananas Smoothies Frozen Yogurt substitute different proprietary marks?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
We reserve the right to substitute different proprietary marks for use in identifying the Systems and the businesses operating under them, if we, at our sole discretion, determine that the substitution of different marks as Proprietary Marks will be beneficial to the Systems. You must promptly implement any substitution of new Proprietary Marks. We will bear the costs of modifying your marketing materials to conform to our new Proprietary Marks, but will otherwise have no obligation or liability to you for a substitution.
Source: Item 13 — TRADEMARKS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, Bananas Smoothies Frozen Yogurt reserves the right to substitute different proprietary marks for use in identifying the Systems and the businesses operating under them. This substitution can occur if Bananas Smoothies Frozen Yogurt, at its sole discretion, determines that the substitution of different marks as Proprietary Marks will be beneficial to the Systems.
If Bananas Smoothies Frozen Yogurt decides to implement a substitution of new Proprietary Marks, franchisees must promptly implement the changes. Bananas Smoothies Frozen Yogurt will bear the costs of modifying a franchisee's marketing materials to conform to the new Proprietary Marks.
However, Bananas Smoothies Frozen Yogurt has no other obligation or liability to franchisees for a substitution. This means that while Bananas Smoothies Frozen Yogurt covers the marketing material modification costs, franchisees may be responsible for other expenses related to the change, such as updating signage or other branded items not considered marketing materials. Prospective franchisees should consider the potential impact and costs associated with rebranding when evaluating the franchise opportunity.