Who must be named as additional insureds on the insurance policies that Ben Jerrys operators/catering entities are required to maintain?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 13.5 [OPERATOR/The Catering Entity] shall procure and maintain in full force and effect at all times during the term of this Agreement, at [OPERATOR's/the Catering Entity's] expense, an insurance policy or policies protecting [the Catering Entity], OPERATOR, and BEN & JERRY'S against any demand or claim with respect to personal injury, death, or property damage, or any loss, liability, or expense whatsoever arising or occurring upon or in connection with providing Off-Premises Activities [and/or Mobile Vending] through the Authorized Warehouse, including comprehensive general liability insurance, property and casualty insurance, statutory workers' compensation insurance, product liability insurance and vehicle insurance. Such policy or policies shall reflect industry standards, shall be written by a responsible carrier or carriers acceptable to BEN & JERRY'S, shall name BEN & JERRY'S and its affiliates as additional insureds, and shall
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, both Ben Jerrys and its affiliates must be named as additional insureds on the insurance policies that operators or catering entities are required to maintain. This requirement is part of the insurance obligations outlined in the franchise agreement, specifically concerning off-premises activities and mobile vending.
This means that in addition to the franchisee (either the operator or the catering entity) being insured, Ben Jerrys and its affiliates also receive protection under the franchisee's insurance policies. This protects Ben Jerrys from potential liabilities related to the franchisee's operations, such as personal injury, death, or property damage claims arising from off-premises activities or mobile vending.
The insurance policies must adhere to industry standards and be provided by carriers acceptable to Ben Jerrys. These policies include comprehensive general liability insurance, property and casualty insurance, statutory workers' compensation insurance, product liability insurance, and vehicle insurance. The specific types and minimum amounts of coverage are detailed in the Ben Jerrys manual or as otherwise communicated in writing by Ben Jerrys, and are subject to change.
Franchisees must provide Ben Jerrys with certificates of insurance as evidence of proper coverage, with a minimum of thirty days' written notice to Ben Jerrys in case of any material alteration or cancellation of the insurance coverage. This ensures that Ben Jerrys remains informed and protected throughout the term of the franchise agreement.