Does Ben Jerrys assume any liability to the Developer by providing any waiver, approval, consent, or suggestion?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
13.2 BEN & JERRY'S makes no warranties or guarantees upon which DEVELOPER may rely, and assumes no liability or obligation to DEVELOPER, by providing any waiver, approval, consent, or suggestion to DEVELOPER in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor.
3.4 DEVELOPER hereby acknowledges and agrees that approval by BEN & JERRY'S of a site does not constitute an assurance, representation or warranty of any kind, express or implied, as to the suitability of the site for the Scoop Shop or for any other purpose.
DEVELOPER hereby waives all claims against BEN & JERRY'S for damages to property or injuries to persons arising out of the operation of DEVELOPER'S business.
DEVELOPER is solely responsible for and shall indemnify and hold BEN & JERRY'S and the officers, directors, and employees of BEN & JERRY'S ("Indemnitees") harmless against any and all causes of action, claims, losses, costs, expenses, liabilities, litigation, damages or other expenses (including settlement costs and attorneys fees) arising directly or indirectly from, as a result of, or in connection with DEVELOPER'S (or DEVELOPER'S employees') development of Scoop Shops and/or conduct under this Agreement, including (a) any labor and employment violations; (b) joint employer violations; and (c) those alleged to be caused by the Indemnitees' negligence.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys does not make any warranties or guarantees that a Developer may rely upon. Ben Jerrys assumes no liability or obligation to the Developer by providing any waiver, approval, consent, or suggestion to the Developer in connection with the agreement. This also applies to any neglect, delay, or denial of any request for such items.
Furthermore, the approval of a site by Ben Jerrys does not constitute an assurance, representation, or warranty regarding the site's suitability for a Scoop Shop or any other purpose. The approval only indicates that Ben Jerrys believes the site meets the minimum criteria established by Ben Jerrys for its own purposes at the time of evaluation. Demographic and economic factors can change after site approval, which are unpredictable and beyond Ben Jerrys's control. Ben Jerrys is not responsible if an approved site fails to meet the Developer's expectations regarding revenue or operational criteria. The Developer's acceptance of a franchise for a Scoop Shop is based on their own independent investigation of the site's suitability.
In addition, the Developer waives all claims against Ben Jerrys for property damage or personal injuries arising from the operation of the Developer's business. The Developer is solely responsible for indemnifying and holding Ben Jerrys harmless against any causes of action, claims, losses, costs, expenses, liabilities, litigation, damages, or other expenses, including settlement costs and attorneys' fees, resulting from the Developer's development of Scoop Shops or conduct under the agreement. This includes labor and employment violations and those allegedly caused by Ben Jerrys's negligence.