Does the Ben Jerrys agreement require the Developer to acknowledge they have no knowledge of representations contrary to the FDD or the agreement?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the Developer is required to acknowledge that they have no knowledge of any representations made by Ben Jerrys, or anyone acting on their behalf, that contradict the statements in the FDD or the terms of the franchise agreement. This acknowledgement is a standard clause in franchise agreements.

This provision aims to protect Ben Jerrys from potential legal claims based on alleged verbal promises or representations made during the franchise sales process that are not documented in the FDD or the franchise agreement. By signing this acknowledgement, the Developer confirms that their decision to invest in a Ben Jerrys franchise is based solely on the information provided in the official documents.

For a prospective Ben Jerrys franchisee, this means it is crucial to carefully review the FDD and the franchise agreement before signing. Any promises or assurances made by the franchisor's representatives that are not written in these documents should be viewed with caution. It is advisable to seek legal counsel to understand the full implications of this acknowledgement and to ensure that all material terms are included in the written agreement. This acknowledgement limits a franchisee's ability to later claim they relied on information outside of the FDD or franchise agreement.