What is the timeframe Ben Jerrys gives a developer to cure a default after written notice?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as otherwise provided in Sections 6.1 and 6.2, above, if DEVELOPER fails to comply with any material term and condition of this Agreement, or fails to comply with the terms and conditions of any Franchise Agreement or development agreement between DEVELOPER (or a person or entity affiliated with or controlled by DEVELOPER) and BEN & JERRY'S, such action shall constitute a default under this Agreement.
Upon the occurrence of any such default, BEN & JERRY'S may terminate this Agreement by giving written notice of termination, stating the nature of such default to DEVELOPER at least thirty (30) days prior to the effective date of termination; provided, however, that DEVELOPER may avoid termination by immediately initiating a remedy to cure such default, curing it to BEN & JERRY'S satisfaction, and by promptly providing proof thereof to BEN & JERRY'S within the thirty (30) day period.
If any such default is not cured within the specified time, or such longer period as applicable law may require, this Agreement and all rights granted hereunder (including the right to develop new Scoop Shops) will terminate without further notice to DEVELOPER effective immediately upon the expiration of the thirty (30) day period or such longer period as applicable law may require.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a developer typically has thirty (30) days to cure a default after receiving written notice from Ben & Jerrys. Specifically, if a developer fails to comply with any material term or condition of the Development Agreement, or any Franchise Agreement or development agreement, it constitutes a default. Ben & Jerrys can then issue a written notice of termination, giving the developer at least thirty (30) days to remedy the default.
To avoid termination, the developer must immediately begin to correct the default, fully resolve it to Ben & Jerrys's satisfaction, and provide proof of the cure within this 30-day window. If the default remains uncorrected after this period, the agreement terminates automatically, unless applicable law requires a longer cure period.
It's important to note that this cure period does not apply to all default scenarios. Ben & Jerrys reserves the right to terminate the agreement immediately without any opportunity to cure under certain conditions, such as insolvency, assignment for the benefit of creditors, or termination of a Franchise Agreement for any Scoop Shop operated by the developer.