Does the Ben Jerrys agreement require the operator to implement recommendations from Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
e operation of the Scoop Shop, at the lesser of OPERATOR's cost or fair market value. The cost for such items shall be determined based upon a five (5) year straight-line depreciation of original costs. For equipment that is five (5) or more years old, the parties agree that fair market value shall be deemed to be ten percent (10%) of the equipment's original cost. If BEN & JERRY'S elects to exercise any option to purchase herein provided, it shall have the right to set off all amounts due from OPERATOR.
- 16.9 OPERATOR (and Owners) shall comply with the covenants contained in Section 17 of this Agreement.
17. COVENANTS
- 17.1 OPERATOR covenants that, during the term of this Agreement, except as otherwise approved in writing by BEN & JERRY'S, OPERATOR (or, if OPERATOR is other than an individual, an Owner) shall devote full time and best efforts to the management and operation of the Scoop Shop. "Full time and best efforts" shall be as set forth by BEN & JERRY'S in the Manual or otherwise in writing, and shall constitute a minimum of 40 hours per week with certain additional availability to attend to issues that OPERATOR determines need to be attended to outside of normal business hours. OPERATOR will devote full time and best efforts to the management and operation of the business and must be present at the Scoop Shop for such minimum hours of each day as required by OPERATOR'S lease (or, in the event OPERATOR'S lease does not designate minimum days and hours, such minimum days and hours as BEN & JERRY'S may specify in the Manual or otherwise in writing) and also be directly responsible for (i) marketing the Scoop Shop; (ii) customer service and customer relations; (iii) complying with the operation standards, the Manual and other directives in writing; and (iv) management of the staff. OPERATOR acknowledges and agrees that the success of the Scoop Shop and the System is dependent upon the marketing, solicitation, and sale of the Products under the System. To that end, OPERATOR shall use best efforts to: (1) maximize the sale of the Products in the Territory; (2) promote the Scoop Shop;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the franchise agreement states that the operator must use their best efforts to implement recommendations from Ben Jerrys. Specifically, the operator is expected to maximize sales, promote the Scoop Shop, and implement recommendations from Ben & Jerry's. This requirement is part of the operator's broader responsibility to devote full time and best efforts to managing and operating the Scoop Shop.
This obligation means that while franchisees are not strictly mandated to follow every single recommendation, they are expected to seriously consider and implement suggestions from Ben Jerrys. This could include changes to marketing strategies, operational procedures, or product offerings. The agreement emphasizes that the success of the Scoop Shop depends on the marketing, solicitation, and sale of products under the Ben Jerrys system.
However, an addendum to the franchise agreement modifies this requirement slightly. The addendum states that the operator should use best efforts to maximize sales of Ben & Jerry's Products, promote the Scoop Shop, and implement recommendations from Ben & Jerry's. This suggests that the operator's efforts should primarily focus on sales and promotion, with the implementation of recommendations being a supporting element.
Overall, prospective franchisees should understand that while they have some autonomy in running their Ben Jerrys Scoop Shop, they are expected to align with the franchisor's recommendations to ensure the consistency and success of the brand. Franchisees should engage with Ben Jerrys's suggestions and be prepared to justify any deviations from the recommended practices.