Does the Ben Jerrys franchise agreement allow the OPERATOR to make contracts on behalf of Ben Jerrys?

Based on the 2025 Ben Jerrys Franchise Disclosure Document, the excerpts provided do not explicitly state whether an OPERATOR can make contracts on behalf of Ben Jerrys. However, the document does state that the OPERATOR acknowledges they have no knowledge of any representations by the Franchisor, or anyone purporting to act on Ben & Jerry's behalf, that are contrary to the statements made in the FDD or the terms of the agreement. This suggests the OPERATOR's authority to enter agreements on behalf of Ben & Jerry's is limited.

Several sections emphasize the OPERATOR's independence and responsibility in running the franchise. For example, the OPERATOR acknowledges they have conducted an independent investigation of the business and that their success depends on their own abilities as an independent businessperson. This reinforces the idea that the OPERATOR acts on their own behalf, rather than as an agent of Ben Jerrys.

Furthermore, the agreement includes clauses where the OPERATOR indemnifies Ben Jerrys, obtains insurance coverage naming Ben Jerrys as an additional insured, and acknowledges that Ben Jerrys disclaims any warranties or guarantees regarding the potential success of the business. These provisions suggest a clear separation of responsibilities and liabilities between Ben Jerrys and the OPERATOR.

To fully understand the OPERATOR's ability to make contracts on behalf of Ben Jerrys, a prospective franchisee should review the complete franchise agreement and consult with Ben Jerrys directly. Specifically, they should inquire about any explicit limitations or permissions regarding the OPERATOR's authority to enter into agreements that bind Ben Jerrys.