Under the Ben Jerrys agreement, what causes excuse a DEVELOPER's non-performance or delay?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.7 DEVELOPER shall not be responsible for non-performance or delay in performance occasioned by causes beyond its control including, acts of civil or military authority, failure of civil or military authorities to act, strikes, acts of terrorism, lockouts, embargoes, insurrections, or Acts of God. If any delay occurs, any applicable time period hereunder shall be automatically extended for a period equal to the time lost; provided, however, that DEVELOPER shall make reasonable efforts to correct the reason for such delay and give BEN & JERRY'S prompt written notice of any such delay.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a DEVELOPER's non-performance or delay is excused when caused by events beyond their control. These events include acts of civil or military authority, failure of civil or military authorities to act, strikes, acts of terrorism, lockouts, embargoes, insurrections, or Acts of God.
If any such delay occurs, the time period for performance under the Ben Jerrys agreement will be automatically extended by a period equal to the time lost due to the delay. However, the DEVELOPER must make reasonable efforts to correct the reason for the delay and provide Ben & Jerry's with prompt written notice of the delay.
This clause protects the Ben Jerrys DEVELOPER from being penalized for delays caused by unforeseen and uncontrollable circumstances, which is a fairly standard practice in franchising and business contracts. However, the requirement to provide prompt written notice and make reasonable efforts to correct the delay emphasizes the DEVELOPER's responsibility to mitigate the impact of such events.