What agreement must a Ben Jerrys franchisee sign to operate a Test Shop?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
We may periodically and under conditions that we find acceptable permit franchisees who are operating one or more Scoop Shops to establish and operate a limited operation facility (a "Test Shop") on a short-term basis (typically between 6 months to one year) so the franchisee can more fully explore the potential of the location as an additional franchised Scoop Shop. If we approve a franchisee to operate a Test Shop, the franchisee will sign a Test Shop Addendum to Existing Franchise Agreement ("Test Shop Addendum") (Exhibit H to this Disclosure Document) and will operate the Test Shop, in addition to continuing its other existing Scoop Shop(s), under the terms of its existing franchise agreement and the Test Shop Addendum. If the franchisee desires to continue operating the Test Shop beyond the term of the Test Shop Addendum, and we approve the Test Shop to become a permanent Scoop Shop, then we and the Franchisee will enter into a separate Franchise Agreement for that location.
Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 9–16)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a franchisee must sign a 'Test Shop Addendum to Existing Franchise Agreement' to operate a Test Shop. This addendum, along with the franchisee's existing franchise agreement, governs the operation of the Test Shop.
Ben Jerrys may allow franchisees who already operate one or more Scoop Shops to establish a Test Shop. This allows the franchisee to assess the potential of a location as a future franchised Scoop Shop. These Test Shops operate for a limited time, typically six months to one year.
If the franchisee wants to continue operating the Test Shop beyond the addendum's term and Ben Jerrys approves it as a permanent Scoop Shop, both parties will then enter into a separate Franchise Agreement specifically for that location. This ensures that the Test Shop, if successful, transitions into a standard Ben Jerrys franchise with its own dedicated agreement.