Who are considered the 'Released BEN & JERRY'S Parties' in the release language for Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Each of the Franchisee Parties, on behalf of themselves and their respective successors, assigns, heirs and personal representatives, all other persons acting on their behalf or claiming under them and all entities in which the Franchisee Parties have or had an ownership interest (individually, collectively or in any combination, the "Releasing Franchisee Parties"), hereby release and forever discharge BEN & JERRY'S, its current and former affiliates, parents, subsidiaries and related entities, and its and their respective current and former officers, directors, shareholders, owners, employees, predecessors, successors, attorneys, agents, representatives and assigns (individually, collectively or in any combination, the "Released BEN & JERRY'S Parties"), from any and all suits, claims, controversies, rights, promises, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, in law or in equity, whether presently known or unknown, vested or contingent, suspected or unsuspected, which any or all of the Releasing Franchisee Parties now own or hold or have based on any transaction, event or circumstance at any time heretofore owned or held, or may at any time own or hold against any or all of the Released BEN & JERRY'S Parties, arising prior to and including the Effective Date of this Release (the "Released Claims"). The Releasing Franchisee Parties acknowledge and agree that they may in the future learn of facts in addition to or different from those which they now know or believe to be true with respect to the subject matter of this paragraph, but that nonetheless, it is the intention of the Franchisee Parties to fully, finally, and forever settle and release all of the Released Claims.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the 'Released BEN & JERRY'S Parties' are comprehensively defined within the sample general release language. This definition is important because it specifies exactly which entities and individuals are protected by the release a franchisee signs during renewal or transfer. Ben Jerrys retains the right to modify this release language periodically at its discretion.
The 'Released BEN & JERRY'S Parties' include BEN & JERRY'S itself, along with its current and former affiliates, parents, subsidiaries, and related entities. The definition extends to the current and former officers, directors, shareholders, owners, employees, predecessors, successors, attorneys, agents, representatives, and assigns of all these entities. This broad scope ensures that a wide range of individuals and organizations associated with Ben Jerrys are shielded from potential claims.
For a prospective Ben Jerrys franchisee, understanding this definition is crucial. By signing the release, the franchisee agrees to discharge all these parties from any suits, claims, or liabilities. This includes both known and unknown claims that the franchisee may have against Ben Jerrys. The franchisee also acknowledges that even if they later discover new facts, the release remains fully effective. This underscores the importance of carefully considering all potential claims before signing any release document related to a Ben Jerrys franchise.