Under what circumstances related to insurance certificates can Ben Jerrys terminate the agreement?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 15.3.4 If OPERATOR fails, refuses, or neglects promptly to submit Certificates of Insurance to BEN & JERRY'S when due as required under Section 13; or
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys can terminate the franchise agreement if the franchisee fails to submit Certificates of Insurance when due, as required under Section 13 of the agreement. This means that franchisees must provide proof of insurance coverage to Ben Jerrys in a timely manner to avoid potential termination of their franchise agreement.
Specifically, franchisees must procure and maintain insurance policies protecting themselves and Ben Jerrys against claims related to personal injury, death, property damage, or any loss connected with the Scoop Shop. These policies include comprehensive general liability insurance, property and casualty insurance, statutory workers' compensation insurance, and product liability insurance. The policies must meet industry standards, be written by carriers acceptable to Ben Jerrys, and name Ben Jerrys and its affiliates as additional insureds.
To ensure compliance, franchisees must deliver Certificates of Insurance to Ben Jerrys before starting operations and annually thereafter. These certificates must evidence the proper types and minimum amounts of coverage. Furthermore, the certificates must stipulate that Ben Jerrys receives at least thirty days' prior written notice in case of any material alteration or cancellation of the insurance coverages. Failure to adhere to these insurance requirements gives Ben Jerrys the right to terminate the agreement, highlighting the importance of maintaining adequate and timely insurance documentation.