Does failure to enforce any provision of the Ben Jerrys agreement constitute a waiver of any term?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the failure to enforce any provision within the agreement does not constitute a waiver of any term of the agreement. This means that even if Ben Jerrys does not strictly enforce a specific requirement or condition of the franchise agreement at one point, they still retain the right to enforce that term in the future.

This clause protects Ben Jerrys's ability to maintain standards and enforce all aspects of the franchise agreement consistently over time. For a prospective franchisee, this means they cannot assume that leniency on Ben Jerrys's part regarding one aspect of the agreement translates into a permanent waiver of that requirement. Franchisees must adhere to all terms, as Ben Jerrys can decide to enforce any or all of them at any time.

This type of 'no waiver' clause is standard in franchise agreements. It prevents franchisees from claiming that past non-enforcement sets a precedent. It is important for franchisees to understand that the written agreement is the controlling document and that Ben Jerrys's actions or inactions do not change the terms of the agreement unless there is a formal written amendment.