Where in the Ben Jerrys franchise agreement can I find details regarding the franchisee's obligations upon termination or expiration of the agreement?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
16. OBLIGATIONS UPON TERMINATION OR EXPIRATION
Upon termination or expiration of this Agreement, all rights granted hereunder to OPERATOR shall terminate, BEN & JERRY'S may establish and operate Shops in the Territory, and:
16.1 OPERATOR shall immediately cease to operate the Scoop Shop, and shall not thereafter, directly or indirectly, represent to the public or hold itself out as a present or former operator of BEN & JERRY'S in connection with the promotion or operation of any other business.
16.2 OPERATOR shall immediately and permanently cease to use, in any manner whatsoever, any confidential methods, procedures, and techniques associated with the System; the Proprietary Mark "Ben & Jerry's" and all other Proprietary Marks and distinctive forms, slogans, signs, symbols, and devices associated with the System. In particular, OPERATOR shall cease to use all signs, marketing materials, displays, stationery, email addresses, forms, products, and any other articles which incorporate or display the Proprietary Marks.
16.3 OPERATOR shall take such action as may be necessary to cancel any assumed name registration or equivalent registration obtained by OPERATOR which contains the mark "Ben & Jerry's" or any other Proprietary Marks, and OPERATOR shall furnish BEN & JERRY'S with evidence satisfactory to BEN & JERRY'S of compliance with this obligation within five (5) days after termination or expiration of this Agreement.
16.4 OPERATOR shall, at the option of BEN & JERRY'S, assign to BEN & JERRY'S any interest which OPERATOR has in any lease or sublease for the Premises.
In the event BEN & JERRY'S does not elect to exercise its option to acquire the lease or sublease for the Premises, OPERATOR shall make such modifications or alterations to the Premises (including the changing of, and the assigning to BEN & JERRY'S of, the telephone number) immediately upon termination or expiration of this Agreement as may be necessary to distinguish the appearance of the Premises from that of Scoop Shops under the System, and shall make such specific additional changes thereto as BEN & JERRY'S may require for that purpose.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Section 16 of Item 22 details the franchisee's obligations upon termination or expiration of the franchise agreement. Upon termination or expiration, all rights granted to the franchisee terminate, and Ben Jerrys may establish and operate shops in the territory.
Specifically, the franchisee must immediately cease operating the Scoop Shop and cannot represent themselves as a current or former Ben Jerrys operator. They must also stop using any confidential methods, procedures, or techniques associated with the Ben Jerrys system, including the "Ben & Jerry's" trademark and all other proprietary marks. This includes ceasing the use of all signs, marketing materials, displays, stationery, email addresses, forms, products, and any other articles which incorporate or display the Proprietary Marks.
The franchisee is also required to take action to cancel any assumed name registrations containing the "Ben & Jerry's" mark and provide evidence of compliance to Ben Jerrys within five days of termination or expiration. Ben Jerrys has the option to have the franchisee assign any interest in the lease or sublease for the premises to them. If Ben Jerrys does not exercise this option, the franchisee must modify the premises to distinguish it from Ben Jerrys Scoop Shops, including changing the telephone number and making any additional changes required by Ben Jerrys.