When does the Ben Jerrys Warehouse Addendum become binding on both parties?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
OPERATOR agrees [and the Catering Entity] agree that if they have not rescinded this Warehouse Addendum within ten (10) business days after its receipt, this Warehouse Addendum shall be binding upon the parties and shall be ratified and confirmed.][Note: Section 23 only applicable if Authorized Warehouse will be in California.]
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Warehouse Addendum becomes binding on both parties ten business days after the operator receives it, provided the operator does not rescind the addendum within that timeframe. This is applicable if the Authorized Warehouse will be in California.
This means that a Ben Jerrys franchisee in California who receives a Warehouse Addendum has a 10-business-day window to review the document and decide whether to accept its terms. If the franchisee does not rescind the addendum within those ten days, it automatically becomes a binding agreement.
It is important for a prospective Ben Jerrys franchisee to carefully review the Warehouse Addendum upon receipt and seek legal counsel if needed to fully understand its implications. Franchisees should pay close attention to the specific sections of the Franchise Agreement that are modified by the Warehouse Addendum, as acknowledged in section c.