What happens to the Preliminary Agreement at the end of the initial Evaluation Period for a Ben Jerrys franchise?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the Preliminary Agreement expires automatically at the end of the initial Evaluation Period, or any granted extensions, and will no longer be in effect, except for specific provisions outlined within the agreement itself.

This means that after the evaluation period, the agreement that governs the relationship between the prospective franchisee and Ben Jerrys during the evaluation phase concludes. However, certain obligations, such as those related to confidentiality, may survive the termination of the Preliminary Agreement, ensuring the prospective franchisee continues to protect Ben Jerrys's confidential information.

If a prospective franchisee requires more time to evaluate a site, they may request an extension of the Evaluation Period in writing at least thirty days before the initial period expires. Ben Jerrys has the discretion to grant extensions of six months each. It is important for prospective franchisees to understand the implications of the Preliminary Agreement's expiration and to manage their evaluation timeline effectively, requesting extensions when necessary to avoid the agreement's termination before they are ready to proceed.