What does the agreement specify regarding Ben Jerrys' ability to change or improve the System?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
alls. If OPERATOR fails or refuses to comply with a recall of the Products upon request by BEN & JERRY'S, BEN & JERRY'S shall be authorized to take such action as it deems necessary to recall the relevant Products from the Scoop Shop and from customers, and OPERATOR shall reimburse BEN & JERRY'S for its costs and expenses incurred in such recall procedure. Any such action taken by BEN & JERRY'S shall not relieve OPERATOR of its obligations or liability hereunder. If a recall is caused by a defect in the Ben & Jerry's Products, BEN & JERRY'S shall reimburse OPERATOR as provided by Section 3.8.3.
- 7.29 OPERATOR acknowledges and agrees that BEN & JERRY'S has the right to change or modify from time to time the System as BEN & JERRY'S deems appropriate, including to reflect the changing market and to meet new and changing consumer demands, and that variations and additions to the System may be required from time to time to preserve and enhance the public image of the System and operations of Shops. BEN & JERRY'S changes to the System may include the adoption and use of new or modified products, services, equipment and furnishings and new techniques and methodologies relating to the preparation, sale, promotion and marketing of food products and services, and (as described in Section 8 below) trademarks, service marks and copyrighted materials. OPERATOR shall, upon reasonable notice and at OPERATOR's sole expense, accept, implement, use and display in the operation of the Scoop Shop any such changes in the System, as if they were part of this Agreement at the time it was executed. Additionally, because of different circumstances applicable to different operators, uniformity may not always be possible or practical.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys has the right to modify the System as it deems appropriate to reflect the changing market and consumer demands. These changes can include new or modified products, services, equipment, furnishings, techniques, and methodologies related to the preparation, sale, promotion, and marketing of food products and services, as well as trademarks, service marks, and copyrighted materials.
The Ben Jerrys franchisee is required to accept, implement, use, and display any such changes in the operation of their Scoop Shop upon reasonable notice and at their own expense, as if these changes were part of the original agreement. However, the document also acknowledges that uniformity may not always be possible or practical due to different circumstances applicable to different operators.
Ben Jerrys reserves the right to vary the standards throughout the System, as well as the franchise agreement terms and the services and assistance provided to some operators, based on the peculiarities of a particular site or circumstance, existing business practices, or other factors that Ben Jerrys deems important to the operation of any Shop or the System. The franchisee has no recourse against Ben Jerrys on account of any variation to any operator and is not entitled to require Ben Jerrys to provide the franchisee with a like or similar variation. Ben Jerrys also has the right to operate, develop, and change the System in any manner that is not specifically precluded by the agreement.