Does Ben Jerrys represent and warrant that there are no agreements preventing it from fulfilling its responsibilities under the Warehouse Addendum?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- [23. Acknowledgments. OPERATOR [and the Catering Entity] acknowledge the following:
- a. BEN & JERRY'S is exempt from registration in California pursuant to the California Franchise Investment Law, Section 31101;
- b. OPERATOR has [and the Catering Entity have] received BEN & JERRY'S franchise disclosure document at least ten (10) business days prior to the signing of this Warehouse Addendum; and
- c. Through this Warehouse Addendum, OPERATOR has [and the Catering Entity have] received information concerning the specific sections of the Franchise Agreement proposed to be modified at least ten (10) business days prior to its modification. In addition, OPERATOR acknowledges [and the Catering Entity acknowledge] that this Warehouse Addendum is being
offered to them on a voluntary basis, and that it does not substantially and adversely impact OPERATOR's rights and obligations with the Franchise Agreement; and
- d.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the excerpts provided do not contain any explicit representation or warranty from Ben Jerrys stating that there are no agreements preventing it from fulfilling its responsibilities under the Warehouse Addendum. The excerpts focus on various aspects of the Warehouse Addendum, including the operator's responsibilities, indemnification, defaults, and acknowledgments. They also cover the use of the authorized warehouse for off-premises activities and mobile vending.
While the excerpts detail the operator's obligations and the conditions under which Ben Jerrys may terminate the Warehouse Addendum, they do not include any statement that could be construed as a guarantee that Ben Jerrys is free from conflicting agreements. The document does outline the operator's acknowledgement that the Warehouse Addendum is offered voluntarily and does not adversely impact their rights and obligations under the Franchise Agreement.
A prospective Ben Jerrys franchisee should directly ask the franchisor whether any existing agreements could potentially hinder Ben Jerrys' ability to meet its obligations outlined in the Warehouse Addendum. This inquiry would provide clarity and ensure that the franchisee is fully informed about any potential conflicts or limitations before entering into the agreement.