Who bears the expense for additions, changes, and modifications to the Computer System as directed by Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.11.3 OPERATOR shall keep its Computer System in good maintenance and repair and, at its expense, shall promptly install such additions, changes, modifications, substitutions, and/or replacements to the Computer System, telephone and power lines, and other computer-related facilities, as BEN & JERRY'S directs (including those pertaining to the processing of credit/debit cards as described in Section 7.11.7 and 7.11.8, below).
OPERATOR shall have the sole and complete responsibility for: (a) acquiring, operating, maintaining and upgrading its Computer System; (b) the manner in which OPERATOR's Computer System interfaces with BEN & JERRY'S computer systems, and the computer systems of third parties; and (c) any and all consequences that may arise if OPERATOR's Computer System is not properly operated, maintained or upgraded;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys' 2025 Franchise Disclosure Document, the franchisee, referred to as the 'OPERATOR,' is responsible for the expenses related to the Computer System. Specifically, the OPERATOR must keep the Computer System in good repair and maintenance.
The OPERATOR bears the cost of promptly installing any additions, changes, modifications, substitutions, and/or replacements to the Computer System, telephone and power lines, and other computer-related facilities as directed by Ben Jerrys. This includes changes related to processing credit/debit cards.
The OPERATOR has the sole responsibility for acquiring, operating, maintaining, and upgrading its Computer System. They are also responsible for how their Computer System interfaces with Ben Jerrys' computer systems and those of third parties. Any consequences arising from the Computer System not being properly operated, maintained, or upgraded are also the OPERATOR's responsibility.