Can Ben Jerrys communicate directly with the proposed transferee?

According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's is authorized to communicate directly with a proposed transferee. Specifically, if an operator intends to transfer their interest in the franchise, they must notify Ben & Jerry's in writing at least 45 days before the proposed transfer.

Ben & Jerry's will then review the proposed transfer to ensure it meets their standards. As part of this review process, the operator authorizes Ben & Jerry's to communicate directly with the potential transferee. This communication allows Ben & Jerry's to provide the transferee with any information they deem appropriate, ensuring the transferee is fully informed and meets the necessary qualifications.

This direct communication is a standard practice in franchising, allowing the franchisor to maintain control over who enters their system. For a prospective Ben & Jerry's franchisee, this means that if they ever decide to sell their franchise, Ben & Jerry's will have the right to vet the potential buyer and communicate with them directly to ensure they are a good fit for the brand.