What constitutes a default of the Ben Jerrys Franchise Agreement related to national conventions?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Failure to attend the first national convention after execution of this Agreement, and failure to attend two (2) consecutive conventions thereafter shall constitute a default of this Agreement for which BEN & JERRY'S shall immediately terminate this Agreement pursuant to Section 15.2.13.
- 7.28 Whenever OPERATOR independently, or by notice by BEN & JERRY'S, customer or by any local or federal governmental agency becomes aware that any Product, or any ingredient or component thereof, is or may become harmful to persons or property, or that the Product is defective in any manner which is or may become harmful to persons or property, or that the same is mislabeled, it shall immediately give notice of such problem or defect to BEN & JERRY'S and shall provide all information in its possession with respect to such problem or defect.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, failing to attend the first national convention after the franchise agreement is executed, or missing two consecutive conventions thereafter, constitutes a default of the agreement. Ben Jerrys can immediately terminate the agreement if either of these attendance failures occur.
This requirement means a prospective Ben Jerrys franchisee must factor in the cost and time commitment of attending these conventions. The franchisee or a designated full-time employee must attend the first convention after signing the agreement and participate in any training programs or workshops offered. Ben Jerrys also has the right to charge a registration fee for each convention.
Franchise agreements often include requirements for franchisees to attend training and conventions to ensure consistent brand standards and operational practices. The Ben Jerrys requirement to attend the initial convention and subsequent conventions is a fairly standard practice in the franchise industry. However, the specific penalty of immediate termination for non-attendance is a significant risk that franchisees must be aware of.