What happens if Ben Jerrys expenditures from the Fund are in excess of amounts available?

According to Ben Jerrys's 2025 Franchise Disclosure Document, if the expenditures from the marketing fund exceed the available funds, Ben Jerrys may initially cover the overage. Subsequently, Ben Jerrys will be reimbursed for this overage using the franchise marketing funds raised in the following year.

This means that if the marketing initiatives cost more than what's currently in the fund, Ben Jerrys will front the extra money. However, franchisees should be aware that in the subsequent year, a portion of their marketing contributions will go towards repaying this overage. This could potentially reduce the amount of funds available for new marketing campaigns in that subsequent year.

This arrangement ensures that marketing efforts can continue even if there's a temporary shortfall in the fund. However, it also means that franchisees might indirectly bear the cost of any overspending in previous years through adjustments in how their contributions are allocated in the future. Prospective franchisees should consider this when evaluating the overall marketing strategy and financial management of the Ben Jerrys franchise system.