Is the Ben Jerrys Developer required to acknowledge receipt of the Franchise Disclosure Document (FDD) and related agreements?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
18.2 DEVELOPER acknowledges that DEVELOPER received a copy of this Agreement, the exhibit(s) hereto and agreements relating hereto, if any, as well as a copy of BEN & JERRY'S current FDD at such time(s) as required by the applicable federal and state franchise laws and regulations.
18.4 DEVELOPER acknowledges that it has read and understood the FDD, this Agreement, and the exhibits to this Agreement, and that BEN & JERRY'S has accorded DEVELOPER ample time and opportunity to consult with advisors of DEVELOPER'S own choosing about the potential benefits and risks of entering into this Agreement.
I have received a Disclosure Document dated April 25, 2025 that included the following Exhibits and other Attachments:
ITEM 23 - RECEIPTS
(To be signed, dated, and sent to Franchisor)
EXHIBIT T
RECEIPTS
ITEM 23 - RECEIPTS
(To be retained by Franchisee)
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Developer is required to acknowledge receipt of the FDD and related agreements. Section 18.2 of the agreement states that the Developer acknowledges receiving a copy of the agreement, its exhibits, any related agreements, and a copy of Ben & Jerry's current FDD as required by federal and state franchise laws and regulations. This acknowledgement confirms that Ben & Jerry's has provided the necessary documents to the Developer as mandated by law.
Furthermore, Section 18.4 indicates that the Developer acknowledges having read and understood the FDD, the agreement, and its exhibits. It also confirms that Ben & Jerry's provided ample time and opportunity for the Developer to consult with advisors regarding the potential benefits and risks of entering into the agreement. This acknowledgement serves to protect Ben & Jerry's by confirming that the Developer was fully informed before committing to the franchise.
In addition to the general acknowledgement, Exhibit T, titled "Receipts", includes a section for the prospective franchisee to sign and date, confirming they received the Disclosure Document dated April 25, 2025, along with its exhibits and attachments. This receipt is to be sent to the franchisor, providing documented proof of receipt. There is also a separate receipt to be retained by the franchisee. This dual receipt system ensures both parties have a record of the FDD's delivery, which is a standard practice in franchising to comply with disclosure requirements.