Does Ben Jerrys provide any warranties or guarantees to the Developer through waivers, approvals, consents, or suggestions?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
th Section 3.5 below.
- 3.3 If DEVELOPER will occupy the premises from which the Scoop Shop is operated under a lease or sublease, DEVELOPER 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:
- a. That the initial term of the lease, or the initial term together with renewal terms, shall be for ten (10) years, unless otherwise approved in writing by BEN & JERRY'S;
- b. That the lessor consents to DEVELOPER'S use of such Proprietary Marks and initial signage as BEN & JERRY'S may prescribe for the Scoop Shop;
- c. That the use of the premises be restricted solely to the operation of the Scoop Shop;
- d. That the lessor provide to BEN & JERRY'S copies of any and all notices of default given to DEVELOPER under the lease; and
- e. That BEN & JERRY'S have the right to enter the premises to make modifications necessary to protect the Proprietary Marks or the System or to cure any default under the Franchise Agreement.
- 3.4 DEVELOPER hereby acknowledges and agrees that approval by BEN & JERRY'S of a site does not constitute an assurance, representation or warranty of any kind, express or implied, as to the suitability of the site for the Scoop Shop or for any other purpose. Approval by BEN & JERRY'S of the site indicates only that BEN & JERRY'S believes the site complies with acceptable minimum criteria established by BEN & JERRY'S solely for its purposes as of the time of the evaluation. Both DEVELOPER and BEN & JERRY'S acknowledge that application of criteria that have been effective with respect to other sites and premises may not be predictive of potential for all sites and that, subsequent to approval by BEN & JERRY'S of a site, demographic and/or economic factors, such as competition from other similar businesses, included in or excluded from criteria used by BEN & JERRY'S could change, thereby altering the potential of a site.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys makes no warranties or guarantees to the Developer through waivers, approvals, consents, or suggestions. Specifically, Ben Jerrys assumes no liability or obligation to the Developer by providing any waiver, approval, consent, or suggestion related to the agreement. This means that any advice, permission, or recommendations provided by Ben Jerrys do not create any basis for the Developer to claim reliance or hold Ben Jerrys responsible for outcomes.
Furthermore, the FDD states that approval by Ben & Jerrys of a site for a Scoop Shop does not constitute any assurance, representation, or warranty regarding the site's suitability for the Scoop Shop or any other purpose. Ben Jerrys's approval only indicates that the site meets the company's minimum criteria at the time of evaluation, which are established solely for its own purposes. Demographic and economic factors can change after the site approval, altering the site's potential, and Ben Jerrys is not responsible if the site fails to meet the Developer's expectations regarding revenue or operational criteria.
The Developer acknowledges that their acceptance of the franchise and the site is based on their own independent investigation of the site's suitability. The Developer also waives all claims against Ben & Jerrys for damages to property or injuries to persons arising out of the operation of the Developer’s business. This comprehensive disclaimer underscores that the franchisee bears the ultimate responsibility for assessing the business risks and potential of the venture.
This type of clause is common in franchise agreements. It is designed to protect the franchisor from liability based on suggestions or approvals that the franchisee might interpret as guarantees of success. Prospective Ben Jerrys franchisees should carefully consider this lack of warranty and conduct thorough due diligence before committing to a franchise.