Is the general release language provided in the Ben Jerrys Franchise Disclosure Document a definitive and unchangeable form?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
The following is our current general release language that we expect to include in a release that a franchisee, and/or transferor may sign as part of a renewal or an approved transfer. We may, in our sole discretion, periodically modify the release.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the general release language provided in Exhibit K is a sample and is subject to change. Specifically, the FDD states that the language included is what Ben Jerrys expects to use in a release that a franchisee or transferor may sign as part of a renewal or approved transfer. However, Ben Jerrys retains the discretion to modify the release periodically.
This means that the exact terms of the release a franchisee might be asked to sign in the future could differ from the sample provided in the FDD. The release generally covers the franchisee releasing Ben Jerrys from all claims, controversies, and liabilities. It extends to claims that are known or unknown at the time of signing the release.
Prospective franchisees should carefully review Exhibit K and understand the scope of the release. They should also be aware that the actual release they are presented with may not be identical to the sample. It is advisable to consult with an attorney to fully understand the implications of signing a general release, especially considering that Ben Jerrys reserves the right to modify it.