Under what circumstances would the terms and conditions of the Ben Jerrys Franchise Agreement NOT be wholly applicable to the OPERATOR's operation of the Test Shop?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the terms and conditions of the Franchise Agreement are generally applicable to the operation of the Test Shop, except as expressly provided in the Test Shop Addendum. Specifically, if Ben Jerrys agrees to allow the operator to continue to operate the Test Shop on a non-test basis, the operator must execute the then-current form of the franchise agreement offered by Ben Jerrys.

This new franchise agreement would supersede the Test Shop Addendum in all respects. The terms of the new agreement may differ from the terms of the original agreement, potentially including requirements to pay an initial franchise fee (subject to a credit for the initial test fee), a higher royalty fee, and a marketing contribution.

In essence, while the Test Shop Addendum is in effect, the original Franchise Agreement applies unless the Addendum states otherwise. However, if the Test Shop transitions to a permanent franchise, a new franchise agreement takes precedence, potentially altering the financial and operational obligations of the franchisee.