Who bears the costs and expenses for Ben Jerrys' enforcement of Section 17?

According to Ben Jerrys' 2025 Franchise Disclosure Document, the franchisee, referred to as the 'OPERATOR,' is responsible for covering all costs and expenses, including reasonable attorneys' fees, that Ben Jerrys incurs while enforcing Section 17 of the franchise agreement. This means that if Ben Jerrys has to take legal action to ensure the franchisee complies with the covenants outlined in Section 17, the franchisee will be the one paying for it.

Section 17 likely contains covenants related to non-competition, confidentiality, or other obligations of the franchisee. The fact that the franchisee bears the enforcement costs underscores the importance of adhering to these covenants. Failure to comply could result in not only legal action but also the added financial burden of covering Ben Jerrys' legal expenses.

This arrangement is fairly common in franchising, as it incentivizes franchisees to uphold their contractual obligations and protects the franchisor's interests and brand standards. Prospective Ben Jerrys franchisees should carefully review Section 17 of the franchise agreement to fully understand their obligations and the potential financial consequences of non-compliance.