Are contributions to the Ben Jerrys Fund refundable to the operator?

According to Ben Jerrys's 2025 Franchise Disclosure Document, contributions to the marketing fund are not refundable to the operator. Specifically, the FDD states that once Ben Jerrys receives these contributions, they will be used as outlined in Section 12.2 of the agreement.

This means that a Ben Jerrys franchisee should consider contributions to the fund as non-recoverable expenses. These funds are allocated to marketing, advertising, public relations, and promotional activities, including socially responsible activities aligned with Ben & Jerry's social mission. Ben Jerrys has the right to direct all marketing programs and is not obligated to ensure that expenditures benefit each operator directly or proportionally to their contribution.

Ben Jerrys maintains separate bookkeeping accounts for the fund and will provide an annual accounting of fund receipts and disbursements upon the operator's reasonable written request. Ben Jerrys also reserves the right to discontinue the fund with written notice to the operator. Given that the contributions are non-refundable, franchisees should carefully review the marketing plans and promotional materials to understand how their contributions will be used and to assess the potential benefits for their specific location.