According to the Ben Jerrys Franchise Agreement, what are 'Special Events'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
gree that the term "Scoop Shop," as used in the Franchise Agreement and this Addendum, and as it relates to the franchised "Ben & Jerry's" Scoop Shop to be owned and operated by OPERATOR pursuant to the Franchise Agreement, shall incorporate the term "Satellite Shop" as that term is defined in Paragraph D of the Recitals of this Addendum.
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- The parties acknowledge and agree that the rights granted to, and the obligations assumed by, OPERATOR under Section 1.1 of the Franchise Agreement to operate a "Scoop Shop" shall be for the operation of a Satellite Shop.
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- Section 1.2 of the Franchise Agreement shall be deleted in its entirety and shall have no force or effect, and shall be replaced with the following:
- 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, 'Special Events' are defined within the context of off-premises activities that a Ben Jerrys franchisee may have the right, but not the obligation, to engage in. Specifically, Special Events include scooping at festivals, fairs, concerts, sporting events, and other similar events.
The FDD also clarifies that Ben Jerrys retains rights regarding the sale or distribution of products at Special Events. Ben Jerrys can sell prepackaged and other products to audiences at Special Events, subject to the terms outlined in Sections 7.3 and 7.4 of the Franchise Agreement. These sections likely contain guidelines and requirements related to insurance coverage, event size, duration, and vehicle use, as referenced elsewhere in the document regarding off-premises activities.
For a prospective Ben Jerrys franchisee, this means that participating in Special Events is an optional business activity that can potentially increase revenue and brand visibility. However, it is subject to approval by Ben Jerrys and must adhere to the guidelines set forth in the Franchise Agreement and the Confidential Operating Manual. The franchisee should carefully review Sections 7.3 and 7.4 to understand the specific requirements and restrictions associated with conducting business at Special Events.