Is Ben Jerrys authorized to communicate with a potential transferee?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
OPERATOR authorizes BEN & JERRY'S to communicate with the transferee for the purpose of providing to the transferee any information BEN & JERRY'S deems appropriate.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's is authorized to communicate with a potential transferee. Specifically, the agreement states that the operator authorizes Ben & Jerry's to communicate with the transferee to provide any information Ben & Jerry's deems appropriate.
This means that if a Ben Jerrys franchisee (referred to as the "operator" in the FDD) wants to sell their franchise, Ben Jerrys has the right to communicate directly with the potential buyer (the "transferee"). This allows Ben Jerrys to assess the transferee and provide them with information about the franchise opportunity, the brand, and the requirements for becoming a franchisee.
This communication is part of Ben Jerrys's process of reviewing and approving the proposed transfer. Ben Jerrys will assess whether the proposed terms and the transferee meet their standards. This ensures that any new franchisee is a good fit for the Ben Jerrys system and is likely to maintain the brand's standards and reputation. The operator is required to notify Ben & Jerry's in writing at least 45 days before any proposed transfer.