Can the Ben Jerrys Fund be used to defray any of Ben & Jerry's expenses?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the Ben & Jerry's marketing fund, referred to as the "Fund", can be used to cover certain expenses incurred by Ben & Jerry's. Specifically, the FDD states that the Fund can be used to defray costs and overhead that Ben & Jerry's incurs while managing, directing, and implementing the Fund itself, as well as marketing programs for operators and the Ben & Jerry's system. This includes the costs of personnel involved in creating and implementing marketing, advertising, and promotional programs.

This means that while the primary purpose of the Fund is to support marketing and promotional activities for the benefit of the Ben & Jerry's franchise system and its operators, Ben & Jerry's is permitted to use a portion of the Fund to cover its own internal costs associated with administering and executing these marketing efforts. This is a fairly common practice in franchising, as franchisors often incur significant administrative expenses in managing marketing funds and developing system-wide campaigns.

Prospective franchisees should be aware that contributions to the Fund are not held in trust by Ben & Jerry's, and Ben & Jerry's does not have a fiduciary obligation to operators regarding these contributions. Additionally, contributions to the Fund are not refundable to the operator. However, Ben & Jerry's is obligated to maintain separate bookkeeping accounts for the Fund and provide operators with an annual accounting of Fund receipts and disbursements upon reasonable written request. This provides some level of transparency and accountability regarding how the Fund is being managed and spent.