Is the Ben Jerrys agreement intended to be subject to any franchise or similar law to which it would not otherwise be subject?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the franchise agreement is not intended to be subject to any franchise or similar law, rule, or regulation to which it would not otherwise be subject. Specifically, Section 17.1 states that nothing in that section is intended to subject the agreement to such laws. This clause clarifies the relationship between the agreement and any potential franchise-specific regulations.

This provision aims to ensure that the agreement is interpreted under the laws of Vermont, unless a specific provision would be unenforceable under Vermont law and the development area is outside of Vermont. In that case, the laws of the state where the development area is located would apply to that specific provision. This ensures that the agreement remains enforceable and is not unintentionally subjected to additional franchise laws.

For a prospective Ben Jerrys franchisee, this means the agreement is designed to avoid triggering additional layers of franchise-specific regulations beyond what is already required. This can simplify the legal framework governing the franchise relationship, potentially reducing compliance burdens and legal complexities. However, franchisees should be aware that certain provisions may be subject to the laws of their specific state if they operate outside of Vermont and a provision is unenforceable under Vermont law.