Where are the areas described in which each Ben Jerrys Scoop Shop is to be located?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Each Scoop Shop to be developed hereunder shall be located in the areas described in Exhibit B to this Agreement (each individual area is a "Deposit Area"), and shall be established and operated pursuant to a separate Franchise Agreement to be entered into between DEVELOPER and BEN & JERRY'S.
The Deposit Areas shall, collectively, comprise the "Development Area;" provided, however, that as of the date on which a site for a Scoop Shop to be developed within a Deposit Area is approved by BEN & JERRY'S, as set forth in this Agreement, such Deposit Area shall cease to be part of the Development Area.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the specific locations for each Scoop Shop are detailed in Exhibit B of the Development Agreement. These areas are referred to as "Deposit Areas," and collectively, they form the "Development Area." Once a site within a Deposit Area is approved by Ben Jerrys, that specific Deposit Area is no longer considered part of the overall Development Area.
Ben Jerrys grants the developer the right to establish Scoop Shops within the Development Area, and Ben Jerrys agrees not to establish or license others to operate a Ben Jerrys Shop within the Development Area, with some exceptions. Ben Jerrys retains the right to operate or license businesses outside the Development Area and at specific locations such as airports, parks, stadiums, and educational facilities, even within the Development Area.
Prospective franchisees should carefully review Exhibit B of the Development Agreement to understand the defined Deposit Areas and Development Area for their franchise. It is important to understand the scope of the Development Area and any limitations or exceptions that may apply, such as Ben Jerrys's right to establish shops in Institutional Facilities. Understanding these location-related terms is crucial for assessing the market potential and competitive landscape for a Ben Jerrys franchise.