Under what condition can an operator transfer their interest in the Addendum for a Ben Jerrys franchise?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum is not assignable or transferable by OPERATOR, except with the prior written approval of BEN & JERRY'S as part of a simultaneous transfer of all interests in and to the Franchise Agreement and the Scoop Shop conducted in accordance with the Franchise Agreement. No sub-license or other delegation is permitted by OPERATOR.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Addendum, which pertains to the operation of a Test Shop, is generally not transferable by the operator. However, there is a specific condition under which such a transfer may be permitted.
The Addendum can be transferred only with the prior written approval of Ben & Jerry's. This approval is contingent upon a simultaneous transfer of all interests in both the Franchise Agreement and the Scoop Shop. This means the operator cannot transfer the Addendum independently; it must occur as part of a comprehensive transfer of the entire franchise operation.
This requirement ensures that the operation of the Test Shop remains integrated with the overall franchise agreement and maintains Ben & Jerry's control over who operates their branded locations. The clause also explicitly prohibits any sub-licensing or delegation of the Addendum by the operator, reinforcing the non-transferable nature of the agreement except under the specified condition.