Are the rights and remedies conferred upon Ben Jerrys in the Development Agreement exclusive?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the rights and remedies conferred upon Ben & Jerrys are not exclusive of any other right or remedy provided or permitted by law or equity. This means that Ben Jerrys retains all rights and remedies available to them under applicable laws and legal principles, in addition to those specifically outlined in the Development Agreement.

For a prospective franchisee, this clause ensures that Ben Jerrys can pursue various legal avenues to protect its interests and enforce the terms of the agreement. It also implies that Ben Jerrys is not limited to the remedies specified in the agreement and can seek additional relief through legal means if necessary.

This provision is fairly standard in franchise agreements, as it protects the franchisor's ability to address breaches or defaults by franchisees comprehensively. It is important for franchisees to understand that Ben Jerrys has multiple avenues for recourse in case of any violation of the Development Agreement.