What must a Ben Jerrys DEVELOPER do if a delay occurs?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.7 DEVELOPER shall not be responsible for non-performance or delay in performance occasioned by causes beyond its control including, acts of civil or military authority, failure of civil or military authorities to act, strikes, acts of terrorism, lockouts, embargoes, insurrections, or Acts of God. If any delay occurs, any applicable time period hereunder shall be automatically extended for a period equal to the time lost; provided, however, that DEVELOPER shall make reasonable efforts to correct the reason for such delay and give BEN & JERRY'S prompt written notice of any such delay.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a DEVELOPER is not held responsible for delays caused by events beyond their control. These events include actions by civil or military authorities, strikes, terrorism, lockouts, embargoes, insurrections, or Acts of God.
If such a delay occurs, the time period for performance under the development agreement will be automatically extended by the duration of the delay. However, the DEVELOPER must make reasonable efforts to correct the cause of the delay.
Furthermore, the DEVELOPER is required to promptly provide Ben & Jerrys with written notice of any such delay. This notification ensures that Ben & Jerrys is aware of the situation and can adjust expectations accordingly. This clause protects the DEVELOPER from penalties for delays outside their control, provided they take appropriate steps to mitigate the impact and inform Ben & Jerrys.