Does Ben Jerrys have to approve Off-Premises Activities, On-Demand Sales and Mobile Vending?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
t any Off-Premises Activity, BEN & JERRY'S may sell scooped or other Products, or may grant another operator the right to sell scooped or other Products, at such Off-Premises Activity. (The requirement in this Section 7.4.1 that BEN & JERRY'S provide a "Request for Notice" only applies if BEN & JERRY'S desires, either itself or through others, to sell scooped Products at an Off-Premises Activity within the Territory; this requirement does not apply to the sale of non-scooped Products, which BEN & JERRY'S has the right to do within or outside of the Territory pursuant to Section 1.4.6)
7.4.2 If OPERATOR desires to sell or scoop Products at an Off-Premises Activity or through On-Demand Sales or Mobile Vending located outside the Territory, OPERATOR must submit a written request to BEN & JERRY'S in accordance with the Manual or other writing, for the prior approval of BEN & JERRY'S. In the event that BEN & JERRY'S grants permission (which Ben & Jerry's has the absolute right to grant or deny) for an OPERATOR to sell Products (whether scooped and/or other Products) at an Off-Premises Activity or through On-Demand Sales or Mobile Vending located outside the Territory, such permission shall be revoked if and when BEN & JERRY'S grants to another operator or developer rights to a territory in which such Off-Premises Activity, On-Demand Sales or Mobile Vending is taking place.
7.5 OPERATOR shall purchase and install all fixtures, furnishings, equipment, decor, and signs (including menu board systems) and maintain sufficient supplies (including environmentally-friendly cleaning supplies) and materials, as BEN & JERRY'S may prescribe in the Manual or otherwise in writing. OPERATOR shall refrain from deviating therefrom by the use of any non-approved item without the prior written consent of BEN & JERRY'S.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees may need to obtain approval from Ben Jerrys for Off-Premises Activities, On-Demand Sales, and Mobile Vending, depending on the location of these activities. Specifically, if a Ben Jerrys operator wishes to conduct these activities outside of their designated territory, they must submit a written request to Ben Jerrys for prior approval, as detailed in the manual or other writing. This requirement ensures that Ben Jerrys maintains control over its brand and distribution channels.
However, the FDD also states that Ben Jerrys may grant the franchisee the right to engage in Off-Premises Activities, On-Demand Sales, and Mobile Vending, with such activities needing to be approved by Ben & Jerrys. All such activities are subject to the terms outlined in the agreement and the Ben & Jerrys Confidential Operating Manual. This suggests that while franchisees have the opportunity to expand their services beyond the traditional scoop shop, they must adhere to Ben Jerrys's standards and guidelines.
Furthermore, Ben Jerrys retains the right to grant or deny permission for an operator to sell products at Off-Premises Activities, On-Demand Sales, or Mobile Vending locations outside the franchisee's territory. This permission can be revoked if Ben Jerrys grants another operator or developer rights to a territory where these activities are taking place. This clause protects Ben Jerrys's ability to manage its franchise network and prevent conflicts between franchisees. Therefore, franchisees should carefully review the terms and conditions related to these activities and understand the potential limitations and requirements for approval.