Besides trade dress, what other items must a Ben Jerrys franchisee purchase, install, and use?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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Non-Proprietary Products and Other Purchases
All Non-Proprietary Products sold or offered for sale at the Shop must meet our thencurrent standards and specifications and be approved by us prior to any use. Also, in addition to the Trade Dress described above, you must purchase, install, and use all fixtures, furnishings, equipment, décor, supplies, computer system hardware, point-of-sale system hardware, software, signs and materials as we may reasonably require in the Manual or other written materials. You must purchase all Non-Proprietary Products and other items solely from manufacturers, distributors and suppliers who demonstrate to our continuing reasonable satisfaction the ability to meet our responsible sourcing standards, criteria and specifications, who possess adequate quality controls and capacity to supply your needs promptly and reliably, and who have been approved by us in the Manual or otherwise in writing. You may not purchase, offer or sell any Products, or purchase, install, or use on the premises of your Shop, any fixtures, furnishings, equipment, décor, supplies, computer system hardware, point-of-sale system hardware, software, signs and materials that we have not previously approved as meeting our standards and specifications. We may be an approved supplier of some of such items. We may disapprove of Products and suppliers based on our desire to consolidate System purchases through fewer suppliers.
We may designate a single supplier, which may be us or one of our affiliates, for any products, equipment, supplies, or services, in which event you must purchase such items exclusively from the designated supplier. We and/or our affiliates may receive payments or other compensation from suppliers on account of the suppliers' dealings with us, you, or other Ben & Jerry's Shops in the System. We may use any amounts that we receive from suppliers for any purpose that we deem appropriate. We and/or our affiliates may negotiate supply contracts with our suppliers under which we are able to purchase products (including Products), equipment, supplies, and services at a price lower than that at which our franchisees are able to purchase the same items.
Product and Supplier Approvals and Specifications
If you want to purchase unapproved products, or equipment, supplies, services, or Non-Proprietary Products (the "Non-Proprietary Item(s)") from other than approved suppliers, you must submit a request to us in writing, together with the samples or other evidence of conformity with our specifications as we reasonably require. We will have the right to require that our representatives be permitted to inspect the supplier's facilities, and that samples from the supplier be evaluated and tested by us or an independent testing facility designated by us. You must pay a charge not to exceed the reasonable cost of the evaluation and testing. We must, within 90 days after we receive your completed written request and completion of evaluation and testing of the proposed supplier and/or any such product or item, notify you in writing of our approval or
disapproval of the proposed supplier and/or the item. If approved, you will be allowed to use the Non-Proprietary Item(s) for a test period of 6 months after which Ben & Jerry's will evaluate whether to approve the Non-Proprietary Item(s) for system-wide use, or decline the Non-Proprietary Item(s) for system-wide use.
We may revoke our approval of particular suppliers and/or Products, equipment, supplies, services, and other items when we determine that the supplier and/or Product or other item no longer meets our standards.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 37–41)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, in addition to trade dress, a franchisee must purchase, install, and use fixtures, furnishings, equipment, décor, supplies, computer system hardware, point-of-sale system hardware, software, signs, and materials. These items must meet Ben Jerrys's standards and specifications and be approved before use.
The franchisee is required to purchase these items from manufacturers, distributors, and suppliers who meet Ben Jerrys's responsible sourcing standards, quality controls, and capacity requirements, and who have been approved by Ben Jerrys. A franchisee cannot purchase, install, or use any items that have not been previously approved by Ben Jerrys. Ben Jerrys may also be an approved supplier of some of these items.
Ben Jerrys has the option to designate a single supplier, which could be Ben Jerrys or one of its affiliates, for any products, equipment, supplies, or services. In such cases, the franchisee must purchase these items exclusively from the designated supplier. Ben Jerrys and its affiliates may receive compensation from suppliers based on these dealings, and Ben Jerrys can use these amounts for any purpose they deem appropriate. Ben Jerrys may also negotiate supply contracts that allow them to purchase items at a lower price than franchisees.
The FDD states that purchases and leases from approved suppliers or in accordance with Ben Jerrys's specifications will represent approximately 75% of the franchisee's total purchases or leases when establishing the shop, and about 80% during the shop's ongoing operation. If a franchisee wishes to purchase unapproved items from unapproved suppliers, they must submit a written request to Ben Jerrys with samples or evidence of conformity to specifications. Ben Jerrys may inspect the supplier's facilities and evaluate the samples, with the franchisee bearing the costs of evaluation and testing. Ben Jerrys will then notify the franchisee of their decision within 90 days. If approved, the franchisee can use the item for a 6-month test period, after which Ben Jerrys will decide whether to approve it for system-wide use.