Must the assignment agreement be in a form designated by Ben Jerrys?

According to Ben Jerrys's 2025 Franchise Disclosure Document, any assignment agreement between the transferor and transferee must be in a form designated by Ben & Jerry's. This requirement ensures that Ben Jerrys maintains control over the transfer process and that all necessary information and terms are included in the agreement.

This provision is in place to protect the Ben Jerrys brand and ensure consistency across all franchise locations. By requiring a specific form, Ben Jerrys can ensure that the transferee meets their standards for education, management, social responsibility, and business acumen. This includes demonstrating competence in computer applications, language skills, mathematical applications, and business plan preparation.

For a prospective Ben Jerrys franchisee, this means that if they decide to sell or transfer their franchise, they must use the assignment agreement form provided by Ben Jerrys. This form will likely include clauses that protect Ben Jerrys's interests, such as ensuring the transferee meets the brand's standards and that all outstanding obligations to Ben Jerrys are settled. The franchisee should carefully review the requirements for transfer to ensure they can comply with all conditions set forth by Ben Jerrys.