What claims are released by the operator on behalf of themselves and their affiliates in the Ben Jerrys agreement?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 27.6 OPERATOR, for itself and on behalf of its affiliates and related entities, and their respective shareholders, officers, directors, limited liability company members, managers and employees, and their respective successors and assigns, and on behalf of the OPERATOR's Owners, hereby (i) releases and forever discharges BEN & JERRY'S, its parents, affiliates and related entities, and its and their respective current and former officers, directors, owners, shareholders, employees, agents, representatives and attorneys, and its and their respective successors and assigns, from any and all claims, demands and causes of action, whether known or unknown, of any kind or nature, vested or contingent, at law or in equity, arising prior to or on the Effective Date, and (ii) agrees that none of them will institute any litigation or other legal action or proceeding, at law or in equity, against BEN & JERRY'S, its parents, affiliates and related entities, and its and their respective current and former officers, directors, owners, shareholders, employees, agents, representatives and attorneys, and its and their respective successors and assigns, directly or indirectly, relating to any claim or demand released under this Section 27.6, provided, however, that this release and covenant not to sue shall not apply to any claim that arises under any applicable federal and state franchise laws, except to the extent that such claims may by law be released by this Agreement.
OPERATOR shall take whatever
actions are necessary or appropriate to carry out the terms of this release and covenant not to sue upon BEN & JERRY'S request. This Section 27.6 shall survive the expiration or termination of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the operator, on behalf of itself, its affiliates, and related entities, including their respective shareholders, officers, directors, members, managers, employees, successors, and assigns, releases and forever discharges Ben & Jerry's, its parents, affiliates, related entities, and their respective current and former officers, directors, owners, shareholders, employees, agents, representatives, attorneys, successors, and assigns from any and all claims, demands, and causes of action, whether known or unknown, of any kind or nature, vested or contingent, at law or in equity, arising prior to or on the Effective Date of the agreement.
Furthermore, the operator agrees that none of the aforementioned parties will institute any litigation or other legal action or proceeding, at law or in equity, against Ben & Jerry's and its associated parties, directly or indirectly, relating to any claim or demand released under this section. This includes a covenant not to sue Ben & Jerry's.
However, this release and covenant not to sue do not apply to any claim that arises under any applicable federal and state franchise laws, except to the extent that such claims may by law be released by the agreement. This means that while the operator is waiving certain rights, they are not waiving rights that cannot be waived under franchise laws. This section of the agreement survives the expiration or termination of the agreement, meaning these obligations continue even after the franchise relationship ends.