What is the minimum number of days prior to a transfer that Ben Jerrys requires notification?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 14.3 OPERATOR shall notify BEN & JERRY'S in writing of any proposed transfer of any direct or indirect interest in this Agreement, in OPERATOR, in the Scoop Shop, or in all or substantially all of the assets of the Scoop Shop at least forty-five (45) days before such transfer is proposed to take place.
BEN & JERRY'S will review the proposed transfer in connection with BEN & JERRY'S rights under Section 14.6 below and/or to determine whether the proposed terms and transferee(s) meets BEN & JERRY'S standards.
OPERATOR authorizes BEN & JERRY'S to communicate with the transferee for the purpose of providing to the transferee any information BEN & JERRY'S deems appropriate.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, if a franchisee intends to transfer any interest in their franchise, they must notify Ben Jerrys in writing at least 45 days before the proposed transfer. This notification requirement applies to any direct or indirect interest in the Franchise Agreement, the Ben Jerrys Operator, the Scoop Shop, or substantially all of the Scoop Shop's assets.
Ben Jerrys will then review the proposed transfer to assess its rights and determine if the terms and the potential new franchisee meet their standards. Ben Jerrys is also authorized to communicate directly with the potential new franchisee to provide any information it deems necessary.
This advance notice allows Ben Jerrys to exercise its right of first refusal, evaluate the transferee's qualifications, and ensure that all necessary conditions for the transfer are met. These conditions can include ensuring that the franchisee has no outstanding obligations to Ben Jerrys or its affiliates, that they are not in default of any agreements, and that they execute a general release of claims against Ben Jerrys.