Can the Ben Jerrys Preliminary Agreement be transferred by the Prospective Operator?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the Preliminary Agreement is personal to the Prospective Operator and cannot be transferred.

This means that the Prospective Operator cannot transfer the Preliminary Agreement to another party through assignment, will, or operation of law. This restriction ensures that Ben Jerrys maintains control over who can enter into a franchise agreement and prevents unauthorized transfers of rights or obligations under the Preliminary Agreement.

This is a fairly standard clause in franchise agreements, as franchisors typically want to carefully vet and approve all franchisees. The inability to transfer the Preliminary Agreement protects Ben Jerrys's interests by ensuring that only approved individuals or entities can proceed towards becoming franchisees.