What is the consequence if an operator of a Ben Jerrys franchise is in default with an approved supplier?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 14.3.1 That OPERATOR and its affiliates shall not have any past due monetary obligations or other outstanding obligations to BEN & JERRY'S and its affiliates (under this Agreement or any other Franchise Agreement, or other agreement, with BEN & JERRY'S and its affiliates), the approved suppliers of the System, or the lessor (or sublessor) of the Premises (or any premises at which another Scoop Shop owned or operated by OPERATOR and its affiliates is located);
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, if a franchisee has past due monetary obligations to the approved suppliers of the Ben Jerrys system, this can impact their ability to transfer their franchise. Specifically, Ben Jerrys may prevent a transfer if the operator or their affiliates have outstanding debts to approved suppliers.
Ben Jerrys requires that to approve a transfer, the operator and its affiliates must not have any past due monetary obligations or other outstanding obligations to the approved suppliers of the Ben & Jerry's system. This requirement ensures that the franchisee is in good financial standing with those suppliers before a transfer can proceed.
This condition protects Ben Jerrys and its approved suppliers by ensuring that any outstanding debts are addressed before a new franchisee takes over. For a prospective franchisee, this highlights the importance of maintaining good relationships and fulfilling financial obligations with approved suppliers to avoid complications when seeking to transfer the franchise in the future.