What is considered prima facie evidence of the Developer's obligation to Ben Jerrys regarding losses, liabilities, costs, damages, charges, or expenses?

According to Ben Jerrys's 2025 Franchise Disclosure Document, vouchers, canceled checks, receipts, receipted bills, or other evidence of payments serve as initial proof of the Developer's obligation to cover losses, liabilities, costs, damages, charges, or expenses incurred by Ben Jerrys's Indemnitees. This means that if Ben Jerrys presents such documentation, it is presumed that the Developer is responsible for the stated amounts, unless the Developer can provide evidence to the contrary. This obligation arises from the Developer's duty to indemnify and hold Ben Jerrys harmless against various claims and expenses related to the Scoop Shop's development and operation.

This requirement places a significant responsibility on the Ben Jerrys Developer to maintain thorough records and be prepared to substantiate any challenges to these payment claims. The Developer is responsible for any causes of action, claims, losses, costs, expenses, liabilities, litigation, damages, or other expenses (including settlement costs and attorneys’ fees) arising directly or indirectly from the Developer's operation. The broad scope of this indemnification means that a wide range of financial burdens could potentially fall on the Developer.

For a prospective Ben Jerrys franchisee, this underscores the importance of diligent business practices and risk management. It is crucial to understand the full extent of potential liabilities and to ensure adequate insurance coverage. Furthermore, maintaining detailed financial records is essential for disputing any claims made by Ben Jerrys. This clause highlights the need for a strong legal and accounting framework to protect the franchisee's interests and manage potential financial exposures.