Who bears the expense of implementing changes to the Ben Jerrys System?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
f OPERATOR fails or refuses to comply with a recall of the Products upon request by BEN & JERRY'S, BEN & JERRY'S shall be authorized to take such action as it deems necessary to recall the relevant Products from the Scoop Shop and from customers, and OPERATOR shall reimburse BEN & JERRY'S for its costs and expenses incurred in such recall procedure. Any such action taken by BEN & JERRY'S shall not relieve OPERATOR of its obligations or liability hereunder. If a recall is caused by a defect in the Ben & Jerry's Products, BEN & JERRY'S shall reimburse OPERATOR as provided by Section 3.8.3.
- 7.29 OPERATOR acknowledges and agrees that BEN & JERRY'S has the right to change or modify from time to time the System as BEN & JERRY'S deems appropriate, including to reflect the changing market and to meet new and changing consumer demands, and that variations and additions to the System may be required from time to time to preserve and enhance the public image of the System and operations of Shops. BEN & JERRY'S changes to the System may include the adoption and use of new or modified products, services, equipment and furnishings and new techniques and methodologies relating to the preparation, sale, promotion and marketing of food products and services, and (as described in Section 8 below) trademarks, service marks and copyrighted materials. OPERATOR shall, upon reasonable notice and at OPERATOR's sole expense, accept, implement, use and display in the operation of the Scoop Shop any such changes in the System, as if they were part of this Agreement at the time it was executed. Additionally, because of different circumstances applicable to different operators, uniformity may not always be possible or practical. BEN & JERRY'S reserves the right, at its sole option, to vary the standards throughout the System, as well as the franchise agreement
terms and the services and assistance that BEN & JERRY'S may provide to some operators upon the peculiarities of a particular site or circumstance, existing business practices, or other factors that BEN & JERRY'S deems to be important to the operation of any Shop or the System. OPERATOR shall have no recourse against BEN & JERRY'S on account of any variation to any operator and shall not be entitled to require BEN & JERRY'S to provide OPERATOR with a like or similar variation hereunder.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the franchisee, referred to as the 'OPERATOR,' generally bears the expense of implementing changes to the Ben Jerrys system. Ben & Jerry's retains the right to modify the system to reflect market changes and consumer demands. These changes may include new products, services, equipment, and techniques related to the preparation, sale, promotion, and marketing of food products and services.
The OPERATOR is responsible for accepting, implementing, using, and displaying these changes at their sole expense upon reasonable notice. This includes technology updates, as the OPERATOR agrees to comply with new technology standards and may be required to pay a technology or licensing fee to Ben & Jerry's to cover associated costs.
Additionally, the OPERATOR is typically responsible for refurbishing the premises to conform to current store design and standards, though Ben & Jerry's will not require the OPERATOR to spend more than $15,000 on such refurbishments in any five-year period, unless required sooner by the lease or in the event of a transfer or renewal of the franchise agreement. However, if the OPERATOR fails to comply with changes, Ben & Jerry's has the right to make those changes at the OPERATOR's expense.