What section of the Ben Jerrys Franchise Agreement is deleted by the Hawaii Amendment?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the Hawaii Amendment specifically addresses modifications to the standard Franchise Agreement for franchisees operating in Hawaii, due to the Hawaii Franchise Investment Law. The amendment stipulates that the acknowledgements in Section 27 of the Franchise Agreement are deleted. This indicates that certain standard acknowledgements that Ben Jerrys typically requires in its franchise agreements are not applicable or permissible under Hawaii law.

For a prospective Ben Jerrys franchisee in Hawaii, this means that the standard acknowledgements usually included in Section 27 of the franchise agreement will not be part of their agreement. This could relate to various aspects of the franchise relationship, such as the franchisee's understanding of the risks involved, their independent investigation of the opportunity, or their reliance on Ben Jerrys's representations. By deleting these acknowledgements, the Hawaii Amendment ensures compliance with local franchise laws, which may provide different or additional protections for franchisees.

It is important for potential franchisees in Hawaii to carefully review the Hawaii Franchise Investment Law and consult with legal counsel to understand the implications of this amendment. This will help them to fully understand their rights and obligations under the franchise agreement, as modified by the Hawaii Amendment. Understanding these state-specific modifications is a crucial part of due diligence before investing in a Ben Jerrys franchise in Hawaii.