Does Section 17 of the Ben Jerrys agreement allow for the alteration of rights or obligations of either party?

According to Ben Jerrys's 2025 Franchise Disclosure Document, Section 17.3 addresses the alteration or suspension of rights and obligations within the agreement. Specifically, it states that the Alternative Dispute Resolution (ADR) process is not intended to change the rights or responsibilities of either party, nor is it meant to determine the validity or effect of any provision in the agreement. Instead, the ADR process aims to provide an opportunity for Ben Jerrys and the developer to resolve disputes amicably, quickly, and cost-effectively through mutually agreeable terms.

This section clarifies that while disputes may arise, the fundamental rights and obligations outlined in the franchise agreement remain unchanged during the ADR process. This ensures that both Ben Jerrys and the developer can seek resolution without fear of losing their contractual rights. The goal is to facilitate open communication and negotiation to find common ground without altering the core agreement.

For a prospective Ben Jerrys franchisee, this means that engaging in the ADR process will not jeopardize their rights or obligations under the franchise agreement. It provides a structured way to address concerns and disagreements while maintaining the integrity of the original contract terms. This can be seen as a protective measure, ensuring that neither party can unilaterally alter the agreement during dispute resolution.