What duty or obligation does Ben Jerrys specifically disclaim having to the undersigned under this Ben Jerrys Guarantee Provision?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
BEN & JERRY'S shall have no present or future duty or obligation to the undersigned under this Guarantee Provision, and each of the undersigned waives any right to claim or assert any such duty or obligation, to discover or disclose to the undersigned any information, financial or otherwise, concerning OPERATOR, any other Guarantor, or any collateral securing any obligations of OPERATOR to BEN & JERRY'S.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, under the Guarantee Provision, Ben & Jerry's explicitly states that it has no present or future duty or obligation to the guarantor. This means Ben Jerrys is not obligated to the guarantor in any way under this provision.
Furthermore, the guarantor waives any right to claim or assert any such duty or obligation. This includes the right to discover or be informed of any information, financial or otherwise, concerning the operator, any other guarantor, or any collateral securing the operator's obligations to Ben Jerrys.
In practical terms, this disclaimer protects Ben Jerrys by limiting its responsibilities to the guarantor. The guarantor cannot expect Ben Jerrys to provide them with information or act in their interest regarding the franchisee's financial status or the security of their obligations. This shifts the responsibility to the guarantor to conduct their own due diligence and assess the risks associated with guaranteeing the franchisee's obligations.