What activities might Ben Jerrys grant the OPERATOR the right to engage in off-premises, but not the obligation?
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.
All Off-Premises Activities, On-Demand Sales and Mobile Vending shall be subject to the terms stated in this Agreement and as may be set forth in BEN & JERRY'S Confidential Operating Manual (the "Manual"), which is more fully described in Section 9 hereof, or otherwise by BEN & JERRY'S in writing.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's may grant operators the right, but not the obligation, to participate in off-premises activities. These activities include scooping at special events like festivals, fairs, concerts, and sporting events, as well as catering at customers' homes, offices, and celebrations. These are collectively referred to as "Off-Premises Activities".
Additionally, Ben Jerrys may allow operators to engage in "On-Demand Sales" through third-party delivery services such as Uber Eats, GrubHub, and DoorDash, delivering to customers' locations. They might also permit "Mobile Vending" using a mobile scooping facility like a truck or trailer.
It's important to note that these off-premises activities, on-demand sales, and mobile vending must be approved by Ben Jerrys and conducted according to the terms outlined in the Franchise Agreement and the Confidential Operating Manual. Ben Jerrys retains the right to grant or deny permission for an operator to sell products outside their territory, and this permission can be revoked if Ben Jerrys grants territorial rights to another operator in the same area.