What certification related to ADA compliance must a Ben Jerrys operator execute?

According to Ben Jerrys's 2025 Franchise Disclosure Document, prior to opening a Scoop Shop and before renovating it after the initial opening, the operator must execute an ADA Certification. This certification, in the form of Exhibit B attached to the franchise agreement, confirms in writing to Ben Jerrys that the Scoop Shop and any proposed renovations comply with the Americans with Disabilities Act (ADA). Ben Jerrys's review of the Scoop Shop plans is limited to design standards, trade dress, and presentation of proprietary marks, and does not assess compliance with laws like the ADA.

The ADA Certification requires the operator to certify that, to the best of their knowledge, the Scoop Shop and its adjacent areas comply with all applicable federal, state, and local accessibility laws, including the ADA. The operator acknowledges that they are an independent contractor, and this certification requirement does not imply ownership, control, leasing, or operation of the Scoop Shop by Ben Jerrys. The operator also acknowledges that Ben Jerrys relies on the information provided in this certification.

Furthermore, the operator agrees to indemnify Ben Jerrys and its officers, directors, and employees against any claims, losses, costs, expenses, liabilities, compliance costs, and damages resulting from the operator's non-compliance with the ADA. This indemnification includes covering attorneys' fees related to any ADA compliance issues. This requirement places the onus on the franchisee to ensure full compliance with ADA regulations, bearing the potential financial burden of any oversights or violations.