Does Ben Jerrys have an obligation to establish and maintain a Fund?
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 & Jerry's has the right, but not the obligation, to establish and maintain a marketing fund. However, Ben & Jerry's has already established a Fund.
This means that while Ben Jerrys is not required to have a marketing fund, it currently does have one in place. This Fund is used to promote the Ben & Jerry's brand, Ben & Jerry's Shops, the Proprietary Marks, and the Products. Franchisees are required to contribute to this Fund, with the contribution amount and payment method detailed in Item 6 of the FDD.
Ben Jerrys directs all marketing programs and has sole discretion over the concepts, materials, and media used. The company will also provide an annual accounting of the Fund's receipts and disbursements upon request. This provides transparency to franchisees regarding how the marketing funds are being utilized.