What obligation does the lessor have to Ben Jerrys regarding notices of default under the lease?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Leases. If PROSPECTIVE OPERATOR will occupy the premises from which the Shop is operated under a lease or sublease, PROSPECTIVE OPERATOR shall, prior to the execution of the lease, submit the lease to BEN & JERRY'S for its review to ensure that the lease contains the conditions set forth in the Ben & Jerry's Lease Rider which may include, but are not limited to:
- d. That the lessor provide to BEN & JERRY'S copies of any and all notices of default given to PROSPECTIVE OPERATOR under the lease; and
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, if a prospective operator occupies the premises under a lease, Ben & Jerry's requires that the lease contains specific conditions outlined in the Ben & Jerry's Lease Rider. One of these conditions is that the lessor must provide Ben & Jerry's with copies of any and all notices of default given to the prospective operator under the lease. This ensures Ben & Jerry's is informed of any potential issues that could affect the franchisee's ability to operate the Ben Jerrys location.
For a Ben Jerrys warehouse location, the lease rider specifies that copies of any demand letters, default notices, or other similar notices of noncompliance sent by the landlord to the tenant (the franchisee) must also be sent to Ben & Jerry's Franchising, Inc. The address for sending these notices is 530 Community Drive, Suite 1, South Burlington, Vermont 05403, with attention to the Legal Department. This requirement ensures that Ben Jerrys is promptly informed of any issues that could jeopardize the franchisee's operation and allows them to take appropriate action to protect their interests and the brand.
This notification provision is a standard practice in franchising, allowing the franchisor to stay informed about the franchisee's compliance with lease terms and to intervene if necessary to protect their brand and the franchisee's business. By receiving copies of default notices, Ben Jerrys can assess the situation, offer support to the franchisee, or take steps to protect its interests, such as curing the default or finding a new location. This proactive approach helps maintain the stability and consistency of the Ben Jerrys franchise system.