What does Ben Jerrys' approval of a site indicate?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
PROSPECTIVE OPERATOR hereby acknowledges and agrees that approval by BEN & JERRY'S of a site does not constitute an assurance, representation or warranty of any kind, express or implied, as to the suitability of the site for the Shop or for any other purpose. Approval by BEN & JERRY'S of the site indicates only that BEN & JERRY'S believes the site complies with acceptable minimum criteria established by BEN & JERRY'S solely for its purposes as of the time of the evaluation. Both PROSPECTIVE OPERATOR and BEN & JERRY'S acknowledge that application of criteria that have been effective with respect to other sites and premises may not be predictive of potential for all sites and that, subsequent to approval by BEN & JERRY'S of a site, demographic and/or economic factors, such as competition from other similar businesses, included in or excluded from criteria used by BEN & JERRY'S could change, thereby altering the potential of a site. Such factors are unpredictable and are beyond the control of BEN & JERRY'S. BEN & JERRY'S shall not be responsible for the failure of a site approved by BEN & JERRY'S to meet PROSPECTIVE OPERATOR's expectations as to revenue or operational criteria. PROSPECTIVE OPERATOR further acknowledges and agrees that its acceptance of a franchise for the operation of the Shop at the site is based on its own independent investigation of the suitability of the site.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, site approval by Ben Jerrys indicates only that Ben Jerrys believes the site meets the minimum criteria established by them at the time of evaluation, solely for their own purposes. It does not constitute any assurance, representation, or warranty regarding the site's suitability for a Scoop Shop or any other purpose.
Ben Jerrys emphasizes that the criteria used for other sites may not accurately predict the potential of all sites. Factors like demographic or economic changes, including competition, can change after the site's approval, affecting its potential. These factors are unpredictable and beyond Ben Jerrys's control.
Therefore, Ben Jerrys will not be held responsible if an approved site fails to meet a prospective operator's expectations regarding revenue or operational criteria. The document makes it clear that the prospective operator's decision to accept a franchise for a Scoop Shop at the site should be based on their own independent investigation of the site's suitability.