Are there any exceptions to the ADR Process requirement for Ben Jerrys, and if so, what are some examples?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.2 Except as otherwise provided in this Agreement, any claim or controversy arising out of or related to this Agreement (including any claim that the Agreement or any of its provisions is invalid, illegal, or otherwise voidable or void), the relationship between BEN & JERRY'S and DEVELOPER, or DEVELOPER'S operation of the Scoop Shop shall, as a condition to filing the legal action, first be subject to the alternative dispute resolution process ("ADR Process"). The ADR Process shall not be required by either BEN & JERRY'S or DEVELOPER with respect to (a) any claim or dispute involving actual or threatened disclosure or misuse of the confidential information of BEN & JERRY'S, (b) any claim or dispute involving the ownership, validity, or use of the Proprietary Marks, (c) any claim or dispute related to monies
owed to BEN & JERRY'S by DEVELOPER; d) any claim or dispute involving the insurance or indemnification provisions of this Agreement, or (e) any action to enforce the covenants set forth in Section 8 of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, while alternative dispute resolution (ADR) is generally required for claims or controversies, there are specific exceptions where neither Ben Jerrys nor the developer is required to engage in the ADR Process before filing a legal action.
These exceptions include claims or disputes involving the actual or threatened disclosure or misuse of Ben Jerrys's confidential information. Another exception is any claim or dispute concerning the ownership, validity, or use of Ben Jerrys's Proprietary Marks. The ADR Process is also not required for claims related to monies owed to Ben & Jerrys by the developer, disputes involving the insurance or indemnification provisions of the agreement, or any action to enforce the covenants outlined in Section 8 of the agreement.
These exceptions allow Ben Jerrys to quickly address critical issues such as intellectual property protection and financial obligations without the delay of the ADR process, which is a fairly common practice to protect the brand and financial interests of the franchisor.