Is Ben Jerrys obligated to establish and maintain a Fund for marketing programs?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the right, in our sole discretion, but not the obligation, to establish and maintain a Fund.
We have established a Fund.
We will direct all marketing programs, with sole discretion over the concepts, materials, and media used in these programs and the placement and
allocations of them. Upon your request, we will provide you with an annual accounting of receipts and disbursements of the Fund. (Franchise Agreement § 12.2)
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 43–60)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys has the right, but not the obligation, to establish and maintain a marketing fund. However, the document states that Ben Jerrys has established a Fund.
This Fund is used to promote the Ben & Jerry's brand, Ben & Jerry's shops, proprietary marks, and products. Ben Jerrys has sole discretion over the marketing programs, including the concepts, materials, media, and placement. The aim is to maximize public recognition and acceptance of the Ben Jerrys system.
Ben Jerrys directs all marketing programs and will provide an annual accounting of the Fund's receipts and disbursements upon request. Franchisees are required to contribute to the Fund, with company-owned shops contributing on the same basis. Ben Jerrys may not provide marketing materials to franchisees who have not made their contributions. The Fund's earnings will not benefit Ben Jerrys, except for reasonable costs related to the direction and implementation of marketing programs.