Does the Ben Jerrys agreement state that the operator has knowledge of any representations by Ben Jerrys that are contrary to the FDD?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the franchise agreement includes an acknowledgement by the operator regarding representations made by Ben Jerrys. Specifically, the agreement stipulates that the operator acknowledges they have no knowledge of any representations made by Ben & Jerry's, or anyone acting on their behalf, that contradict the statements within the FDD or the terms outlined in the franchise agreement itself. This clause is designed to ensure that the franchisee is relying solely on the information provided in the FDD and the franchise agreement, rather than any potentially misleading or inaccurate statements made outside of these official documents.

This acknowledgement serves to protect Ben Jerrys from potential legal disputes arising from misunderstandings or misinterpretations of information not contained within the FDD or the franchise agreement. By signing the agreement, the franchisee confirms that they are not aware of any conflicting information provided by Ben Jerrys. This clause places a responsibility on the franchisee to carefully review the FDD and the franchise agreement and to raise any concerns or discrepancies before signing.

For a prospective Ben Jerrys franchisee, this means it is crucial to thoroughly examine the FDD and the franchise agreement. Any verbal promises or assurances made by Ben Jerrys representatives that are not documented in these official documents should be viewed with caution. It is advisable to seek legal counsel to review these documents and clarify any ambiguities before committing to the franchise. This clause underscores the importance of due diligence and reliance on official documentation when making a significant investment decision such as purchasing a Ben Jerrys franchise.