According to the Ben Jerrys Franchise Agreement, what are 'On-Demand Sales'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.2 BEN & JERRY'S may grant OPERATOR the right, but not the obligation, to engage in off-premises activities, including scooping at festivals, fairs, concerts, sporting events and other events ("Special Events"), scooping at customers' homes, offices, celebrations and other locations ("Catering") (hereinafter, Special Events and Catering are collectively referred to as "Off-Premises Activities"), delivery by third parties (e.g., Uber Eats, GrubHub and Door Dash) to customers' homes, offices and other locations ("On-Demand Sales"), and the scooping of Products from a mobile scooping facility such as a truck of trailer ("Mobile Vending") with such Off-Premises Activity, On-Demand Sales and Mobile Vending to be approved by BEN & JERRY'S as described below in Section 7.3.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, On-Demand Sales are defined as delivery by third parties (e.g., Uber Eats, GrubHub, and DoorDash) to customers' homes, offices, and other locations. Ben & Jerry's may grant the franchisee the right, but not the obligation, to engage in On-Demand Sales.
Ben & Jerrys franchisees must conduct On-Demand Sales in accordance with the terms and conditions stated in the Franchise Agreement and the Confidential Operating Manual, or as otherwise provided by Ben & Jerrys in writing. These terms may include guidelines and requirements relating to insurance coverage, event size, event duration, and vehicle use. The franchisee may need to seek prior approval from Ben & Jerrys to conduct On-Demand Sales outside of their designated territory.
Ben & Jerrys retains rights regarding the sale of products through various channels, including On-Demand Sales. The grant given to the franchisee is limited to operating one Scoop Shop at the Authorized Location and does not include the right to sell products at any other location, except for authorized Off-Premises Activities, On-Demand Sales, and Mobile Vending. This ensures that Ben & Jerrys maintains control over distribution methods and can adapt to future channels or methods of distribution.