When does the Warehouse Addendum become binding on either party for a Ben Jerrys franchise?
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OPERATOR agrees [and the Catering Entity] agree that if they have not rescinded this Warehouse Addendum within ten (10) business days after its receipt, this Warehouse Addendum shall be binding upon the parties and shall be ratified and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 10 business days after the operator receives it, provided the operator does not rescind the addendum within that timeframe. This timeframe applies if the Authorized Warehouse will be in California.
This means that a Ben Jerrys franchisee in California has a 10-business-day window to review the Warehouse Addendum after receiving it. During this period, the franchisee can decide whether to accept the terms of the addendum or rescind it. If the franchisee does not take action to rescind the addendum within those 10 days, it automatically becomes a binding agreement between the franchisee and Ben Jerrys.
It is important for prospective Ben Jerrys franchisees to carefully review all addenda, including the Warehouse Addendum, and seek legal counsel if needed, to fully understand their rights and obligations before the rescission period expires. Franchisees should pay close attention to the implications of the addendum, as it modifies the original Franchise Agreement and governs the operation of the Authorized Warehouse.