Under what conditions can the restrictions in Section 8.2 of the Ben Jerrys agreement be modified?

According to Ben Jerrys's 2025 Franchise Disclosure Document, Section 8.2 of the agreement, which pertains to certain restrictions on the developer, can be modified under specific conditions. Ben & Jerry's has the right to reduce the scope of any of the developer's obligations under Sections 8.1 and 8.2.

The modified provision becomes effective immediately upon the developer's receipt of written notice from Ben & Jerry's. This means Ben & Jerry's can unilaterally change the obligations outlined in these sections, and the franchisee is bound by those changes as soon as they receive written notification.

Additionally, if there is a change in the law that would render Section 8.2 inoperative, the parties authorize a judge to make any and all changes to ensure that the restraints for both time and geography are within the scope of the law. This ensures that the agreement remains enforceable even if the legal landscape changes.

It is important for a prospective Ben Jerrys franchisee to understand that Ben & Jerry's retains the power to alter the obligations under Sections 8.1 and 8.2 with written notice. Franchisees should carefully consider the implications of these potential modifications and how they might affect their business operations.