If a delay occurs for a Ben Jerrys DEVELOPER, what is the effect on the applicable time period?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.7 DEVELOPER shall not be responsible for non-performance or delay in performance occasioned by causes beyond its control including, acts of civil or military authority, failure of civil or military authorities to act, strikes, acts of terrorism, lockouts, embargoes, insurrections, or Acts of God. If any delay occurs, any applicable time period hereunder shall be automatically extended for a period equal to the time lost; provided, however, that DEVELOPER shall make reasonable efforts to correct the reason for such delay and give BEN & JERRY'S prompt written notice of any such delay.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Ben Jerrys DEVELOPER is not held responsible for delays caused by events beyond their control. These events include acts of civil or military authority, failure of civil or military authorities to act, strikes, acts of terrorism, lockouts, embargoes, insurrections, or Acts of God.
If such a delay occurs, the time period for the DEVELOPER to meet their obligations is automatically extended. The extension period is equivalent to the duration of the delay. However, the DEVELOPER is expected to make reasonable efforts to correct the cause of the delay.
Furthermore, the DEVELOPER must promptly notify Ben Jerrys in writing about any such delay. This ensures that Ben Jerrys is aware of the situation and can work with the DEVELOPER to mitigate any potential impact on the development schedule. This clause protects the franchisee from penalties for delays outside their control, which is a fairly standard practice in franchising.