factual

In Maryland, does the Franchisee Compliance Certification for Ben Jerrys act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law?

Ben_Jerrys Franchise · 2025 FDD

Answer from 2025 FDD Document

The representations under this Franchisee Compliance Certification are not intended, nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.

Source: Item 22 — CONTRACTS (FDD pages 133–134)

What This Means (2025 FDD)

According to Ben Jerrys's 2025 Franchise Disclosure Document, the Franchisee Compliance Certification is explicitly designed not to act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This protection is in place to ensure that franchisees in Maryland retain their rights and remedies under Maryland law, regardless of any representations made in the Franchisee Compliance Certification. This means that franchisees cannot inadvertently forfeit their legal rights through the certification process.

This provision is particularly important for prospective Ben Jerrys franchisees in Maryland as it safeguards their ability to pursue claims under the Maryland Franchise Registration and Disclosure Law if necessary. The Maryland Franchise Registration and Disclosure Law aims to protect franchisees by requiring franchisors to provide full and accurate information and by prohibiting certain unfair practices. By ensuring that the Franchisee Compliance Certification does not waive these protections, Ben Jerrys is complying with Maryland law and providing franchisees with an additional layer of security.

Furthermore, this clause ensures that Ben Jerrys franchisees in Maryland maintain their legal standing to address any grievances or legal violations under the state's franchise regulations. This protection is consistent with the broader aim of franchise laws, which seek to balance the power dynamic between franchisors and franchisees, ensuring a fair and equitable business relationship. Franchisees should still carefully review all documents and seek legal advice to fully understand their rights and obligations, but this provision offers some reassurance that their fundamental legal protections remain intact.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.