What actions are Ben Jerrys OPERATOR prohibited from taking with the Operating Manual?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.2 OPERATOR shall treat the Manual, any other materials created for or approved for use in the operation of the Scoop Shop, and the information contained therein, as confidential, and shall maintain such information (in electronic format) as proprietary and confidential. OPERATOR shall not download, copy, duplicate, record, or otherwise reproduce the foregoing materials, in whole or in part, or otherwise make the same available to any unauthorized person.
- 9.3 The Manual shall remain the sole property of BEN & JERRY'S and shall be accessible only from a secure place on the Premises, and shall only be accessed electronically.
- 9.4 BEN & JERRY'S may from time to time revise the contents of the Manual, and OPERATOR expressly agrees to comply with each new or changed provision of the Manual.
- 9.5 OPERATOR shall ensure the version of the Manual referred to in the Scoop Shop is the most current version. In the event of any dispute as to the contents of the Manual, the terms of the master version, maintained by the home office of BEN & JERRY'S, shall be controlling.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the OPERATOR is restricted in how they handle the operating manual. The manual, which Ben & Jerry's provides access to electronically upon completion of training, is considered confidential and proprietary.
Specifically, the OPERATOR is prohibited from downloading, copying, duplicating, recording, or otherwise reproducing the manual, whether in whole or in part. They also cannot make the manual available to any unauthorized person. This means the OPERATOR must keep the manual secure and only accessible to authorized personnel.
Furthermore, the manual must be accessible only from a secure place on the premises and can only be accessed electronically. Ben & Jerry's retains the right to revise the manual's contents, and the OPERATOR must comply with any new or changed provisions. In case of any dispute regarding the manual's contents, the master version maintained by Ben & Jerry's home office will be the controlling version.