Is each provision of this amendment effective regardless of the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law for Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law are met independently without reference to this amendment.
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- Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law are met independently without reference to this amendment.
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- Each provision of this Addendum to the Disclosure Document is effective only to the extent (with respect to each provision) that the Maryland Franchise Registration and Disclosure Law (Md. Code Bus. Reg. §§ 14-201 through 14-233), would apply to your franchise and/or development rights, without reference to this Addendum.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben & Jerry's 2025 Franchise Disclosure Document, the effectiveness of each provision within the Maryland amendment is contingent upon meeting the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law independently, without relying on the amendment itself. This condition applies to amendments made to the Preliminary Agreement, Franchise Agreement, and Development Agreement.
This means that for any part of the amendment to be valid and enforceable, it must separately comply with Maryland's franchise laws. Ben & Jerry's is ensuring that the amendment doesn't override or bypass any protections or requirements provided by Maryland law.
For a prospective Ben & Jerry's franchisee in Maryland, this is an important safeguard. It ensures that the franchisee retains all rights and protections under Maryland law, regardless of what the specific amendment might state. It would be prudent for a potential franchisee to consult with an attorney to fully understand the implications of this provision and how it interacts with Maryland franchise law.