What is Ben Jerrys authorized to do regarding communication with a potential transferee?

According to Ben Jerrys's 2025 Franchise Disclosure Document, if an operator proposes to transfer their interest in the Franchise Agreement, the Scoop Shop, or its assets, Ben Jerrys is authorized to communicate directly with the potential transferee. This communication allows Ben Jerrys to provide any information it deems appropriate to the transferee.

This authorization is significant because it gives Ben Jerrys direct access to the potential transferee, enabling them to assess the transferee's suitability and ensure they meet the brand's standards. Ben Jerrys can share information about the franchise system, operational requirements, and financial expectations directly with the transferee. This direct communication helps Ben Jerrys maintain consistency and quality across its franchise network by ensuring that potential new operators are well-informed and prepared.

For a prospective franchisee, this means that if they ever decide to sell their Ben Jerrys franchise, Ben Jerrys will have the right to communicate directly with potential buyers. This could streamline the transfer process, as Ben Jerrys can directly address any questions or concerns the transferee may have. However, it also means that the franchisee gives up some control over the communication process, as Ben Jerrys has the discretion to share any information they deem appropriate with the transferee.