For Ben Jerrys franchises in Hawaii, what effect does a statement, questionnaire, or acknowledgement signed by the franchisee have regarding waiving claims under state franchise law?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a specific provision addresses the effect of signed documents on franchisees' rights in Hawaii and other states with franchise disclosure laws. For Ben Jerrys franchisees in Hawaii, any statement, questionnaire, or acknowledgment signed in connection with starting the franchise relationship does not waive claims under applicable state franchise law. This includes claims related to fraud in the inducement.
This means that even if a Ben Jerrys franchisee in Hawaii signs a document that appears to waive certain rights or disclaims reliance on statements made by Ben Jerrys, that waiver is not legally effective under Hawaii franchise law. The provision also states that it supersedes any other conflicting terms in any document executed in connection with the franchise.
This protection is significant for prospective Ben Jerrys franchisees in Hawaii, as it ensures they retain their rights under state franchise law, regardless of any potentially misleading or coercive language in franchise agreements or related documents. It prevents Ben Jerrys from using such documents to shield itself from liability for violating franchise laws or making false statements to induce someone to buy a franchise.