What agreements with Ben Jerrys might require a Site Authorization Notice?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Pursuant to the provisions of your Preliminary Agreement or Development Agreement or Franchise Agreement with us, you have requested that we review the Site Evaluation Package that you submitted concerning the proposed site as referenced above (the "Site") for development of a Ben & Jerry's Scoop Shop (the "Shop").
We are pleased to inform you that we have concluded our evaluation and authorize the Site for the development of the Shop. Therefore, you may move forward to secure the Site, whether by purchasing, leasing or subleasing. This authorization will remain in effect for 120 days from the date below.
Please note that authorization of the above Site does not imply or suggest potential success. We may have provided you with one or more potential sites for you to consider. Regardless, we do not, and none of our officers, directors, employees and agents are authorized to, make any representation or warranty, express or implied, as to the suitability or profitability of the proposed Site. Our recommendation and/or authorization only indicates that the proposed site meets our basic criteria. Please recognize that the application of criteria which may have been relevant with respect to a review of other potential sites may not be predictive of the results of this particular Site. Furthermore, subsequent to our authorization of this particular Site, changes in a number of relevant factors, such as demographics, traffic, and competition may materially affect the ultimate success of the Shop on this Site. These factors are beyond our control and we cannot be responsible for the failure of the Site to meet your expectations as to potential revenues or otherwise.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Site Authorization Notice is required under the Preliminary Agreement, Development Agreement, or Franchise Agreement. Before a prospective Ben Jerrys franchisee can secure a site by purchasing, leasing, or subleasing, they must first submit a Site Evaluation Package for the proposed location. Ben & Jerry's will then evaluate the package and, if approved, issue a Site Authorization Notice. This notice allows the franchisee to proceed with securing the site.
Ben & Jerry's authorization of a site does not guarantee the shop's potential success. The document states that Ben & Jerry's is not authorized to make any representation or warranty, express or implied, as to the suitability or profitability of the proposed site. The authorization only indicates that the proposed site meets the basic criteria established by Ben & Jerry's. Factors such as demographics, traffic, and competition can change and materially affect the ultimate success of the shop, and these factors are beyond Ben & Jerry's control.
The Site Authorization Notice is valid for 120 days from the date of issuance. The franchisee must sign and return the Site Authorization Notice, along with signatures from anyone else who will be listed on the Franchise Agreement, before being authorized to develop the site. This ensures that all parties involved are in agreement with the site selection before moving forward with development.