What is the exception to the one-year statute of limitations for claims against Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Section 26.8 of the Agreement, under the heading "Applicable Law," shall be deleted in its entirety, and shall have no force or effect; and the following shall be substituted in lieu thereof:
- 26.8 Any and all claims and actions arising out of or relating to this Agreement, the relationship of OPERATOR and BEN & JERRY'S, or OPERATOR's operation of the Scoop Shop, brought by either party hereto against the other, whether in mediation, or a legal action, shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred; except that any and all claims arising under the Maryland Franchise Registration and Disclosure Law (Md. Code Bus. Reg. §§ 14-201 through 14-233) shall be commenced within three (3) years from the grant of the franchise.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the standard statute of limitations for claims and actions is one year, but there is an exception for claims arising under Maryland Franchise Registration and Disclosure Law.
Specifically, any claims falling under the Maryland Franchise Registration and Disclosure Law must be commenced within three years from the grant of the franchise. This extended period applies to legal actions or claims brought by either party (franchisee or franchisor) against the other, whether pursued through mediation or a formal legal action.
This exception is particularly relevant for prospective Ben Jerrys franchisees in Maryland, as it provides them with a longer period to bring claims related to franchise registration and disclosure issues under Maryland law compared to other types of claims, which are subject to a one-year limitation.