What section of the Ben Jerrys Development Agreement acknowledgements are deleted by the Hawaii Amendment?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Hawaii Amendment to Development Agreement
In recognition of the requirements of Hawaii Franchise Investment Law, Hawaii Rev. Stat. §§ 482E, et seq., the parties to the attached Ben & Jerry's Franchising, Inc. Development Agreement (the "Agreement") agree as follows:
- The acknowledgements in Section 18 of the Development Agreement are hereby deleted.
IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this Hawaii amendment to the Franchise Agreement on the same date as the Franchise Agreement was executed.
DEVELOPER Ben & Jerry's Franchising, Inc. BEN & JERRY'S
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Hawaii Amendment to the Development Agreement addresses specific requirements under Hawaii Franchise Investment Law. Specifically, Section 18 of the Development Agreement, which contains acknowledgements, is deleted in its entirety. This means that any acknowledgements typically included in Section 18 of the standard Ben Jerrys Development Agreement are not applicable to Development Agreements executed in Hawaii.
This deletion is significant for prospective Ben Jerrys developers in Hawaii because it alters the standard contractual obligations and understandings. Acknowledgements often cover important aspects of the franchise relationship, such as the franchisee's understanding of risks, obligations, and legal rights. By deleting these acknowledgements, the Hawaii Amendment ensures compliance with local franchise laws, which may provide different or additional protections for franchisees.
For a potential Ben Jerrys developer in Hawaii, this amendment offers a degree of protection and aligns the agreement with Hawaii's specific legal requirements. It is essential for franchisees to understand the implications of these state-specific amendments, as they can significantly impact their rights and responsibilities. Consulting with a legal professional experienced in Hawaii franchise law is advisable to fully grasp the effects of this amendment.