Does Ben Jerrys hold contributions to the Fund in trust for the operator?

According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys does not hold contributions to the marketing fund in trust for the operator. The FDD explicitly states that contributions to the Fund are not held in trust and Ben & Jerry's does not have any fiduciary obligation to the operator regarding these contributions. This means that once the franchisee contributes to the fund, Ben Jerrys has full control over how the money is spent, without a legal obligation to act in the franchisee's best interest.

Ben Jerrys maintains and administers the fund, having the right to direct all marketing programs, including determining the concepts, materials, and media used. Ben Jerrys is not obligated to ensure that expenditures from the Fund are equivalent or proportionate to the franchisee's contribution, nor is it required to ensure that any particular franchisee benefits directly or pro rata from the Fund's expenditures.

This arrangement is common in franchising, where franchisors manage advertising funds to promote the brand as a whole. However, it's important for prospective Ben Jerrys franchisees to understand that they are contributing to a general marketing effort and may not see direct, measurable returns in their specific location. Franchisees may want to inquire about the fund's historical performance and how it aligns with their business goals.