What aspects are covered in Section 3-2 of the Ben Jerrys manual?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.2 DEVELOPER agrees to locate and submit specific sites for Scoop Shops. DEVELOPER shall submit to BEN & JERRY'S a site evaluation package ("SEP"), in a form prescribed by BEN & JERRY'S, identifying each proposed site and describing the preliminary design, relevant demographic and cost factors concerning each site. BEN & JERRY'S shall have the right to require that DEVELOPER simultaneously submit SEPs for up to three (3) proposed sites. BEN & JERRY'S shall have ten (10) business days after receipt of a SEP from DEVELOPER to approve or disapprove each proposed site for each Scoop Shop. DEVELOPER must obtain written approval by BEN & JERRY'S of each proposed site, which will be in the form of a "Site Authorization Notice." DEVELOPER shall execute a lease that complies with the requirements set forth below, or a binding agreement to purchase each site within thirty (30) days of approval of each site by BEN & JERRY'S. Within seven (7) days after executing a lease or a binding purchase agreement for each site, DEVELOPER shall execute and deliver to BEN & JERRY'S the Franchise Agreement that shall be provided to DEVELOPER by BEN & JERRY'S for execution, which shall be the form of Franchise Agreement determined in accordance with Section 3.5 below.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Section 3.2 of the manual outlines the developer's responsibilities in locating and submitting potential sites for Ben Jerrys Scoop Shops. Specifically, it requires the developer to provide a site evaluation package (SEP) to Ben Jerrys for each proposed location. This package must be in a format prescribed by Ben Jerrys and include details about the preliminary design, relevant demographic information, and cost factors associated with the site. Ben Jerrys has the right to request SEPs for up to three sites simultaneously.
Ben Jerrys has a ten-business-day window after receiving the SEP to either approve or disapprove the proposed site. The developer must obtain written approval from Ben Jerrys in the form of a Site Authorization Notice before proceeding. Following site approval, the developer has thirty days to execute a lease that meets specific requirements or enter into a binding agreement to purchase the site.
Within seven days of executing the lease or purchase agreement, the developer must then execute and deliver the Franchise Agreement provided by Ben Jerrys. This ensures that the location and legal agreements are in place promptly, adhering to the development schedule. This section emphasizes the importance of site selection and adherence to Ben Jerrys's approval process, highlighting the brand's control over location choices to maintain consistency and brand standards.