What must a Ben Jerrys operator and their owners execute as a condition of renewal?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
2.2.4 OPERATOR, any owner with a beneficial interest in OPERATOR (an "Owner") as listed in Exhibit C to this Agreement, and any franchisee, operator, licensee or developer of BEN & JERRY'S in which OPERATOR and/or any Owner has a beneficial interest, shall execute a general release, in a form prescribed by BEN & JERRY'S, of any and all claims against BEN & JERRY'S and its affiliates, and their respective officers, directors, agents, and employees;
2.2.5 OPERATOR and its Owners shall execute the then-current form of franchise agreement and guarantee offered by BEN & JERRY'S, which shall supersede this Agreement in all respects, and the terms of which may differ from the terms of this Agreement including requirements to pay a royalty fee and a higher marketing contribution, except that OPERATOR shall not be required to pay any initial franchise fee and the Territory shall remain the same;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, to renew their franchise agreement for an additional ten-year term, both the operator and their owners must execute specific documents. They are required to execute the then-current form of franchise agreement and guarantee offered by Ben Jerrys. This new agreement will supersede the original agreement in all respects, and its terms may differ, potentially including higher royalty fees and marketing contributions. However, the operator will not be required to pay an initial franchise fee, and the territory will remain the same.
In addition to the new franchise agreement, the operator, along with any owner with a beneficial interest, must execute a general release. This release waives any and all claims against Ben Jerrys, its affiliates, and their respective officers, directors, agents, and employees. This is a standard practice in franchising, intended to prevent future litigation based on past events.
These requirements ensure that Ben Jerrys franchisees are up-to-date with the current franchise terms and that any potential legal issues are resolved before the renewal is granted. A prospective franchisee should carefully review the then-current form of the franchise agreement to understand any changes in obligations or fees compared to the original agreement.