In the context of the Ben Jerrys Warehouse Addendum, who are considered the 'Releasing Parties'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
ceived BEN & JERRY'S franchise disclosure document at least ten (10) business days prior to the signing of this Warehouse Addendum; and
- c. Through this Warehouse Addendum, OPERATOR has [and the Catering Entity have] received information concerning the specific sections of the Franchise Agreement proposed to be modified at least ten (10) business days prior to its modification. In addition, OPERATOR acknowledges [and the Catering Entity acknowledge] that this Warehouse Addendum is being
offered to them on a voluntary basis, and that it does not substantially and adversely impact OPERATOR's rights and obligations with the Franchise Agreement; and
- d. OPERATOR agrees [and the Catering Entity] agree that if they have not rescinded this Warehouse Addendum within ten (10) business days after its receipt, this Warehouse Addendum shall be binding upon the parties and shall be ratified and confirmed.][Note: Section 23 only applicable if Authorized Warehouse will be in California.]
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- Release. In consideration for BEN & JERRY'S entering into this Warehouse Addendum, OPERATOR [and the Catering Entity,] [its/their] direct and indirect officers and directors, owners, shareholders, partners, members, agents, representatives and their respective successors and assigns and all other persons acting on [its/their] behalf or claiming under [it/them] and all entities in which OPERATOR [and/or the Catering Entity] has(ve) or had an ownership interest (individually, collectively and in any combination, the "Releasing Parties") release and forever discharge BEN & JERRY'S, its current and former parents, subsidiaries, affiliates and related companie
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, specifically within the context of the Warehouse Addendum, the 'Releasing Parties' encompass a broad range of individuals and entities associated with the franchisee. These include the operator, and if applicable, the catering entity, along with their direct and indirect officers, directors, owners, shareholders, partners, members, agents, representatives, successors, and assigns. This definition also extends to any other persons acting on their behalf or claiming under them, as well as all entities in which the operator or catering entity has or had an ownership interest.
This comprehensive definition means that the release of claims extends beyond just the franchisee themselves to include a wide network of related parties. By signing the Warehouse Addendum, the franchisee and all associated parties agree to release Ben Jerrys from any and all claims related to the Franchise Agreement that arose before the date of the addendum. This includes known and unknown claims, which could have significant implications if any disputes or issues arise later.
For a prospective Ben Jerrys franchisee, it is crucial to understand the scope of this release. Before signing the Warehouse Addendum, franchisees should carefully consider any potential claims they or their associated parties may have against Ben Jerrys. It is advisable to seek legal counsel to fully understand the implications of releasing such a broad range of claims. This ensures that the franchisee is making an informed decision and is not inadvertently waiving rights that could be valuable in the future.