Does the Ben Jerrys agreement allow for delivery by third parties?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.2 BEN & JERRY'S grants to 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 DoorDash) to customers' homes, offices and other locations ("On-Demand Sales"), and the scooping of Products from a mobile scooping facility such as a truck or trailer ("Mobile Vending") provided that such Off-Premises Activities, On-Demand Sales and Mobile Vending are held within the Territory specified in Exhibit A, and are conducted in accordance with the terms and conditions 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.
All Off-Premises Activities, On-Demand Sales and Mobile Vending shall be subject to the terms of this Agreement.
- 1.3 OPERATOR shall operate the Scoop Shop only at the authorized location (the "Authorized Location") specified in Exhibit A.
OPERATOR shall not relocate the Scoop Shop without the prior written approval of BEN & JERRY'S, which shall be subject to the terms of Section 7.26 below.
Any authorizations furnished by BEN & JERRY'S pursuant to this Section 1.3 or assistance in selecting a location, shall be at the sole discretion of BEN & JERRY'S, and are not, and shall not be, a guarantee or assurance by BEN & JERRY'S that the Scoop Shop shall be profitable or successful.
OPERATOR acknowledges and agrees that approval of OPERATOR's proposed location, under this Section 1.3 or pursuant to the Site Authorization Notice, does not constitute any assurance, representation, or warranty of BEN & JERRY'S of any kind, that OPERATOR's Scoop Shop at the Approved Location shall be profitable or successful.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees have the right, but not the obligation, to engage in delivery through third parties. Ben Jerrys permits franchisees to use third-party delivery services like Uber Eats, GrubHub, and DoorDash to deliver to customers' homes, offices, and other locations, referred to as "On-Demand Sales."
This right is subject to certain conditions. These "On-Demand Sales" must be held within the territory specified in Exhibit A of the franchise agreement and must be conducted according to the terms and conditions outlined in the agreement and Ben Jerrys' Confidential Operating Manual. Ben Jerrys retains the right to modify the System from time to time, and the franchisee must comply with all requirements, including offering and selling new or different Products or services as specified by Ben Jerrys.
However, Ben Jerrys may also grant the franchisee the right, but not the obligation, to engage in On-Demand Sales, with such activities to be approved by Ben & Jerry's. The franchisee's right to sell products is limited to the authorized location, except for authorized On-Demand Sales. Ben Jerrys also retains the rights to sell products through third-party delivery services and other means of distribution. This indicates that while franchisees can engage in third-party delivery, Ben Jerrys also reserves the right to utilize these channels independently.