What materials must be submitted to Ben Jerrys for review prior to their use in any exempt offering?

According to Ben Jerrys's 2025 Franchise Disclosure Document, any materials to be used in an exempt offering must be submitted to Ben & Jerry's for review before they are used. This includes offerings such as crowdfunding or crowdsourcing.

This requirement ensures that Ben Jerrys maintains control over how its brand and trademarks are represented in any investment opportunities related to its franchisees. By reviewing these materials, Ben Jerrys can ensure that potential investors receive accurate information and that the offering aligns with the company's standards and reputation.

For a prospective Ben Jerrys franchisee, this means that if they plan to raise capital through an exempt offering, they must factor in the time and potential costs associated with Ben Jerrys's review process. Franchisees should provide ample time, giving Ben Jerrys written notice at least sixty (60) days prior to the commencement of any offering, to allow for a thorough review and any necessary revisions to the offering materials. Additionally, the franchisee will be responsible for reimbursing Ben Jerrys for its actual costs and expenses related to reviewing the offering materials, including legal and accounting fees.