Under what circumstances does the addendum to the Ben Jerrys disclosure document become effective?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.5 DEVELOPER understands and acknowledges that BEN & JERRY'S shall have the right to reduce the scope of any of DEVELOPER'S obligations under Sections 8.1 and 8.2, and that such modified provision shall be effective upon DEVELOPER'S receipt of written notice thereof.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a modified provision within the Development Agreement becomes effective once the developer receives written notice from Ben & Jerry's. Specifically, Ben & Jerry's has the right to reduce the scope of any of the developer's obligations under Sections 8.1 and 8.2 of the agreement.
This means that Ben & Jerry's can unilaterally change the requirements or responsibilities initially agreed upon in those sections. The change takes effect immediately upon the developer's receipt of the notification, without requiring mutual agreement or a formal amendment signed by both parties.
This clause gives Ben & Jerry's flexibility to adjust the developer's obligations as needed. However, it also places the onus on the developer to stay informed of any changes communicated through written notice. Prospective developers should carefully consider this aspect and its potential impact on their operations and responsibilities under the Development Agreement.