What is the statute of limitations for claims against Ben Jerrys arising out of the Preliminary Agreement, the relationship of the parties, or the Prospective Operator's activities, excluding claims under Maryland Franchise Law?

According to Ben Jerrys's 2025 Franchise Disclosure Document, any claims or actions arising from the Preliminary Agreement, the relationship between the prospective operator and Ben & Jerry's, or the prospective operator's activities must be commenced within one year. This one-year statute of limitations begins from the date the facts giving rise to the claim or action occurred. If the claim or action is not brought within this one-year period, it is barred. This limitation does not apply to claims arising under the Maryland Franchise Registration and Disclosure Law.

This means that a prospective Ben Jerrys franchisee has a limited time to bring any claims against Ben & Jerry's related to the Preliminary Agreement or their relationship, which could include disputes over the terms of the agreement, misrepresentations, or other issues. Missing this deadline could mean losing the right to sue Ben & Jerry's for those claims.

It is important for prospective franchisees to be aware of this shortened statute of limitations and to consult with an attorney if they believe they have a claim against Ben & Jerry's. Franchisees should document all interactions and potential issues carefully to ensure they can act within the one-year timeframe. This is shorter than the typical statute of limitations for contract or tort claims, which can range from two to six years depending on the jurisdiction.