Does the Ben Jerrys franchise agreement require the franchisee to waive reliance on any representation made by Ben Jerrys in the most recent disclosure document?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 27.8 No Waiver or Disclaimer of Reliance in Certain States. The following provision applies only to franchisees and Franchises that are subject to the state franchise disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin:
No statement, questionnaire, or acknowledgment signed or agreed to by you in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by us, any franchise seller, or any other person acting on behalf of us. This provision supersedes any other term of any document executed in connection with the Franchise.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben & Jerry's 2025 Franchise Disclosure Document, the franchise agreement does not generally require franchisees to waive reliance on representations made by Ben & Jerry's. However, there are specific stipulations for franchisees in certain states.
Specifically, for Ben & Jerry's franchisees subject to franchise disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, the franchise agreement explicitly states that no signed statement can waive claims under state franchise law, including fraud, or disclaim reliance on statements made by Ben & Jerry's or its representatives. This provision overrides any other conflicting terms in documents related to the franchise agreement.
This means that in the listed states, Ben & Jerry's franchisees retain their rights to pursue claims based on misrepresentations or fraud, and any attempt to waive these rights through acknowledgments or other documents is not enforceable. Franchisees in states not listed do not have this protection, so it is important to consult with an attorney to understand the implications of signing the franchise agreement.