Under what condition does the Ben Jerrys Developer Agreement expire?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
6.2.1 If the Franchise Agreement for any Scoop Shop operated by DEVELOPER (or a person or entity affiliated with DEVELOPER) is terminated; and
6.2.2 If DEVELOPER or any of its owners of a beneficial interest in DEVELOPER commits, is convicted of, pleads guilty or "nolo contendere" to a felony, a crime involving moral turpitude, or any other act, crime, or offense that BEN & JERRY'S believes is injurious to the System, the Proprietary Marks, the Products, the goodwill associated therewith.
6.3 Except as otherwise provided in Sections 6.1 and 6.2, above, if DEVELOPER fails to comply with any material term and condition of this Agreement, or fails to comply with the terms and conditions of any Franchise Agreement or development agreement between DEVELOPER (or a person or entity affiliated with or controlled by DEVELOPER) and BEN & JERRY'S, such action shall constitute a default under this Agreement.
Upon the occurrence of any such default, BEN & JERRY'S may terminate this Agreement by giving written notice of termination, stating the nature of such default to DEVELOPER at least thirty (30) days prior to the effective date of termination; provided, however, that DEVELOPER may avoid termination by immediately initiating a remedy to cure such default, curing it to BEN & JERRY'S satisfaction, and by promptly providing proof thereof to BEN & JERRY'S within the thirty (30) day period.
If any such default is not cured within the specified time, or such longer period as applicable law may require, this Agreement and all rights granted hereunder (including the right to develop new Scoop Shops) will terminate without further notice to DEVELOPER effective immediately upon the expiration of the thirty (30) day period or such longer period as applicable law may require.
- 6.4 Upon termination or expiration of this Agreement, all rights granted hereunder to DEVELOPER shall terminate and DEVELOPER shall have no right to establish or operate any Scoop Shop for which a Franchise Agreement has not been executed by BEN & JERRY'S at the time of termination.
Thereafter, BEN & JERRY'S shall be entitled to establish, and to franchise others to establish, Scoop Shops in the Development Area, except as may be otherwise provided under any Franchise Agreement that has been executed between BEN & JERRY'S and DEVELOPER.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Developer Agreement can expire under several conditions. The agreement terminates if the Franchise Agreement for any Ben Jerrys Scoop Shop operated by the developer (or an affiliate) is terminated. Additionally, the agreement can be terminated if the developer or any of its owners commits a felony or a crime involving moral turpitude, or any act that Ben Jerrys believes is harmful to the Ben Jerrys system, proprietary marks, products, or goodwill.
Ben Jerrys can also terminate the agreement if the developer fails to comply with any material term or condition of the Developer Agreement, or any Franchise Agreement or development agreement between the developer (or an affiliate) and Ben Jerrys. In such cases, Ben Jerrys must provide written notice of termination at least thirty days prior to the effective date, giving the developer an opportunity to cure the default. If the default is not cured within the specified time, the agreement terminates immediately upon the expiration of the thirty-day period.
Upon termination or expiration of the Developer Agreement, all rights granted to the developer terminate, and the developer loses the right to establish or operate any Scoop Shop for which a Franchise Agreement has not been executed by Ben Jerrys at the time of termination. Ben Jerrys then has the right to establish or franchise others to establish Scoop Shops in the Development Area, except as otherwise provided under any Franchise Agreement that has been executed between Ben Jerrys and the developer. This means that a Ben Jerrys developer must maintain compliance and ethical conduct to avoid losing their development rights.