Who is responsible for fulfilling the franchisor obligations under the Ben Jerrys Franchise Agreement?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Note that you must look only to Ben & Jerry's Franchising, Inc. and not to our Parent, Ben & Jerry's Homemade, Inc., nor to Unilever or any other affiliate, to fulfill the franchisor obligations under your Franchise Agreement.
Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 9–16)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's Franchising, Inc. is responsible for fulfilling the franchisor obligations under the Franchise Agreement. The document specifically states that prospective franchisees must look only to Ben & Jerry's Franchising, Inc. to fulfill these obligations.
This means that while Ben & Jerry's Homemade, Inc. (the Parent company) and Unilever (which sells Ben & Jerry's products through distributors) play roles in the broader Ben & Jerry's system, they are not directly responsible for the contractual obligations to franchisees. Ben & Jerry's Franchising, Inc. is the entity that franchisees will deal with regarding the terms and conditions outlined in their Franchise Agreement.
This distinction is important for prospective franchisees to understand, as it clarifies which entity is accountable for providing support, upholding the terms of the agreement, and addressing any issues that may arise during the franchise term. It is a common practice in franchising for a specific legal entity to be designated as the franchisor to manage the franchise relationships, even if a parent company or affiliate is involved in other aspects of the business.