What claims are excluded from the general release required by Ben Jerrys upon renewal?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
2.2.4 OPERATOR shall execute a general release, in a form prescribed by BEN & JERRY'S, of any and all claims against BEN & JERRY'S and its affiliates, and their respective officers, directors, agents, and employees, excluding only such claims as OPERATOR may have that have arisen under the Minnesota Franchises Law and the Rules and Regulations promulgated thereunder by the Minnesota Commissioner of Commerce;
14.3.3 That OPERATOR, any Owner, any franchisee or developer of BEN & JERRY'S in which OPERATOR and/or any Owner has a beneficial interest, shall execute a general release, in a form prescribed by BEN & JERRY'S, of any and all claims against BEN & JERRY'S, and their respective officers, directors, agents, and employees, excluding only such claims as the transferor may have under the Maryland Franchise Registration and Disclosure Law;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, when renewing their franchise agreement, franchisees are required to sign a general release of claims against Ben Jerrys and its affiliates. However, this release does not apply to claims arising under the Minnesota Franchises Law and the Rules and Regulations promulgated thereunder by the Minnesota Commissioner of Commerce. This means that even upon renewal and signing the release, a franchisee retains the right to pursue claims against Ben Jerrys if those claims are based on violations of Minnesota franchise law.
Similarly, when transferring a Ben Jerrys franchise, the transferor must execute a general release of claims against Ben & Jerry's, but this release excludes claims arising under the Maryland Franchise Registration and Disclosure Law. This ensures that transferors do not waive their rights to pursue legal action against Ben & Jerry's for violations of Maryland franchise law, even after transferring their franchise.
In essence, these exclusions protect franchisees' rights under specific state franchise laws, ensuring they do not inadvertently forfeit their legal recourse when renewing or transferring their Ben Jerrys franchise. Prospective franchisees should consult with a legal professional to fully understand their rights and obligations under these laws.