factual

Besides the Developer, Ben Jerrys, and their officers/directors/employees, who else is intended to have rights or remedies under the Ben Jerrys franchise agreement?

Ben_Jerrys Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 16.3 Except as expressly provided to the contrary herein, nothing in this Agreement is intended, nor shall be deemed, to confer upon any person or legal entity other than DEVELOPER, BEN & JERRY'S, BEN & JERRY'S officers, directors, and employees, and such of DEVELOPER'S and BEN & JERRY'S respective successors and assigns, any rights or remedies under or by reason of this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 134–358)

What This Means (2025 FDD)

According to Ben Jerrys's 2025 Franchise Disclosure Document, with the exceptions of the developer, Ben Jerrys, their officers, directors, and employees, as well as their respective successors and assigns, the franchise agreement is not intended to confer any rights or remedies to any other person or legal entity. This is a fairly standard clause in franchise agreements, designed to limit liability and ensure that only the parties directly involved in the agreement can enforce its terms.

This provision clarifies that third parties cannot claim rights or remedies under the agreement. For a prospective Ben Jerrys developer, this means that any benefits or obligations arising from the agreement are strictly between the developer and Ben Jerrys. It prevents other individuals or entities from attempting to enforce the agreement or claim damages based on its provisions.

However, it is important to note that this limitation does not prevent a third party from bringing a claim against the developer or Ben Jerrys based on other legal theories, such as negligence or breach of contract, that are independent of the franchise agreement itself. This clause simply restricts claims that are directly based on the rights and obligations outlined in the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.