Under what condition can Ben Jerrys discontinue the Fund?

According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's reserves the right to discontinue the marketing fund (the Fund). Ben & Jerry's can discontinue the Fund at its sole discretion. To do so, Ben & Jerry's must provide written notice to the operator (franchisee).

This means that Ben & Jerry's has the power to end the Fund at any time, for any reason. While this provides Ben & Jerry's with flexibility, it introduces uncertainty for franchisees. The Fund is used for marketing, advertising, and promotional activities, so its discontinuation could impact brand awareness and sales for individual Scoop Shops.

Prospective franchisees should consider the implications of this clause. They should inquire with Ben & Jerry's about the circumstances under which the Fund might be discontinued, how franchisees would be notified, and what alternative marketing support would be provided. Understanding Ben & Jerry's's historical practices and future plans for marketing is crucial for evaluating the potential risks and rewards of investing in a Ben & Jerry's franchise.