On what page of the Ben Jerrys franchise agreement can I find information about the franchisee's warranties?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
A decision or action by BEN & JERRY'S will be deemed to be the result of reasonable business judgment, even if other
reasonable or even arguably preferable alternatives are available, if BEN & JERRY'S is intended, in whole or significant part, to promote or benefit the System generally even if the decision or action also promotes a financial or other interest of BEN & JERRY'S and/or is adverse to OPERATOR's interests. Examples of items that will promote or benefit the System include enhancing the value of the Proprietary Marks, improving customer service and satisfaction, improving product quality, improving uniformity, enhancing or encouraging modernization, and improving the competitive position of the System. BEN & JERRY'S reasonable business judgment shall not be subject to any limitation or review and neither OPERATOR nor any third party (including a trier of fact), shall substitute its judgment for BEN & JERRY'S reasonable business judgment. If applicable law implies a covenant of good faith and fair dealing in this Agreement, BEN & JERRY'S and OPERATOR agree that such covenant shall not imply any rights or obligations that are inconsistent with a fair construction of the terms of this Agreement and that this Agreement grants BEN & JERRY'S the right to make decisions, take actions and/or refrain from taking actions not inconsistent with OPERATOR's rights and obligations hereunder.
22. WARRANTIES OF OPERATOR
- 22.1 BEN & JERRY'S entered into this Agreement in reliance upon the statements and information submitted to BEN & JERRY'S by OPERATOR in connection with this Agreement. OPERATOR represents and warrants that all such statements and information submitted by OPERATOR in connection with this Agreement are true, correct and complete in all material respects. OPERATOR agrees to promptly advise BEN & JERRY'S of any material changes in the information or statements submitted.
- 22.2 OPERATOR represents and warrants to BEN & JERRY'S that neither OPERATOR (including any and all of its employees, directors, officers and other representatives), nor any of its affiliates or the funding sources for either is a person or entity designated with whom BEN & JERRY'S, or any of its affiliates, are prohibited by law from transacting business.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Section 22 of the franchise agreement outlines the warranties of the operator. Specifically, it states that Ben Jerrys entered into the agreement based on the information provided by the operator, and the operator warrants that all submitted statements and information are true, correct, and complete. The operator also agrees to promptly inform Ben Jerrys of any material changes to this information.
This section emphasizes the importance of honesty and accuracy in the information provided by the franchisee during the application process. Ben Jerrys relies on this information to make informed decisions about granting a franchise. Any misrepresentation or omission could potentially lead to legal issues or termination of the franchise agreement.
Additionally, the operator warrants that neither they, their employees, directors, officers, representatives, affiliates, nor their funding sources are entities with whom Ben Jerrys or its affiliates are legally prohibited from conducting business. This clause ensures compliance with all applicable laws and regulations regarding business transactions and prevents Ben Jerrys from inadvertently engaging with restricted parties.