What are some examples of items that will promote or benefit the Ben Jerrys System?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
A decision or action by BEN & JERRY'S will be deemed to be the result of reasonable business judgment, even if other reasonable or even arguably preferable alternatives are available, if BEN & JERRY'S is intended, in whole or significant part, to promote or benefit the System generally even if the decision or action also promotes a financial or other interest of BEN & JERRY'S and/or is adverse to DEVELOPER'S interests.
Examples of items that will promote or benefit the System include enhancing the value of the Proprietary Marks, improving customer service and satisfaction, improving product quality, improving uniformity, enhancing or encouraging modernization, and improving the competitive position of the System.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, decisions made by Ben Jerrys are considered reasonable if they generally promote or benefit the Ben Jerrys system, even if those decisions also benefit Ben Jerrys financially or are adverse to the franchisee's interests.
Examples of actions that promote or benefit the Ben Jerrys system include enhancing the value of the Proprietary Marks, improving customer service and satisfaction, improving product quality, improving uniformity, enhancing or encouraging modernization, and improving the competitive position of the System.
This means that Ben Jerrys has broad discretion to make decisions that it believes will benefit the overall franchise system, even if those decisions may not be in the best interest of an individual franchisee. Prospective franchisees should understand that Ben Jerrys's interests and the franchisee's interests may not always be aligned, and that Ben Jerrys's decisions will generally be given deference.