Will sums paid by the OPERATOR to the Fund be used to defray Ben Jerrys' expenses?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
All sums paid by OPERATOR to the Fund shall be accounted for separately and shall not be used to defray any of the expenses of BEN & JERRY'S, except for such costs and overhead, if any, as BEN & JERRY'S may incur in activities related to the management, direction and implementation of the Fund and marketing programs for operators and the System, including costs of personnel for creating and implementing marketing, advertising, and promotional programs.
BEN & JERRY'S shall maintain separate bookkeeping accounts for the Fund;
- 12.2.4 BEN & JERRY'S, upon OPERATOR's reasonable written request, shall provide OPERATOR with an annual accounting of Fund receipts and disbursements; and
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the sums paid by the OPERATOR to the Fund will be accounted for separately. These funds will primarily cover the costs of marketing, advertising, and promotional activities.
However, Ben Jerrys may use the funds to cover costs and overheads related to the management, direction, and implementation of the Fund and marketing programs. This includes personnel costs associated with creating and implementing marketing, advertising, and promotional programs for operators and the Ben Jerrys system.
Ben Jerrys will maintain separate bookkeeping accounts for the Fund and provide an annual accounting of Fund receipts and disbursements to the OPERATOR upon reasonable written request. This ensures transparency in how the funds are being managed and spent.
In summary, while the primary purpose of the Fund is for marketing and promotional activities, Ben Jerrys can use the contributions to cover its own expenses related to managing and implementing these activities.