Is a transfer fee required for transfers by devise or inheritance related to a Ben Jerrys franchise?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 14.7 Upon the death or incapacity of any person with an interest in this Agreement, in OPERATOR, in the Scoop Shop, or in all or substantially all of the assets of the Scoop Shop, the executor, administrator, or personal representative of such person shall transfer such interest to a third party approved by BEN & JERRY'S within three (3) months after such death or incapacity.
Such transfers, including transfers by devise or inheritance, shall be subject to the same conditions as any inter vivos transfer except no transfer fee will be required.
In the case of transfer by devise or inheritance, if the heirs or beneficiaries of any such person are unable to meet the conditions in this Section 14, the executor, administrator, or personal representative of the decedent shall transfer the decedent's interest to another party approved by BEN & JERRY'S within a reasonable time, which disposition shall be subject to all the terms and conditions for transfers contained in this Agreement.
If the interest is not disposed of within a reasonable time (not to exceed six (6) months from such death or incapacity), BEN & JERRY'S may terminate this Agreement, pursuant to Section 15.4 hereof.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a transfer fee is not required for transfers by devise or inheritance. However, such transfers are subject to the same conditions as any inter vivos transfer.
In the event of death or incapacity of a person with interest in the Ben Jerrys agreement, the executor, administrator, or personal representative must transfer the interest to a Ben Jerrys-approved third party within three months. If the heirs or beneficiaries cannot meet the conditions, the interest must be transferred to another approved party within a reasonable time.
If the interest is not properly disposed of within a reasonable timeframe, not exceeding six months from the date of death or incapacity, Ben Jerrys retains the right to terminate the agreement. This clause ensures that the Ben Jerrys franchise maintains control over who operates its locations, even in cases of inheritance, while also providing a waiver of the transfer fee in such cases.