Under what condition can Ben Jerrys unilaterally make changes to the Ben Jerrys agreement?

According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's can unilaterally make changes to the agreement under specific conditions. The franchise agreement states that except for those changes permitted to be made unilaterally by Ben & Jerry's, no amendment, change, or variance from the agreement shall be binding on either party unless mutually agreed to by both parties in writing. This means that any modifications to the franchise agreement typically require the consent of both Ben & Jerry's and the franchisee.

However, the agreement does outline exceptions where Ben & Jerry's can act unilaterally. This implies that there are specific clauses within the franchise agreement that reserve the right for Ben & Jerry's to make certain changes without requiring the franchisee's explicit consent. These changes would likely be related to maintaining brand standards, updating operational procedures, or adapting to market changes.

Prospective franchisees should carefully review the franchise agreement to identify the specific sections that grant Ben & Jerry's the authority to make unilateral changes. Understanding these clauses is crucial for franchisees to be aware of the potential changes that Ben & Jerry's can implement during the term of the agreement. It is also important to understand the scope and impact of these potential changes on the franchisee's business operations and profitability.