What is the deadline for a Ben Jerrys OPERATOR to join a Cooperative after it commences operation?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
If a Cooperative is established for the geographic area in which the Scoop Shop is located, OPERATOR shall become a member of such Cooperative within thirty (30) days after the date on which the Cooperative commences operation.
OPERATOR shall not be required to be a member of more than one (1) Cooperative, except to the extent that OPERATOR owns multiple Scoop Shops located in different geographic markets.
Each Cooperative shall be organized and governed in a form and manner prescribed or approved by BEN & JERRY'S in writing.
Any disputes arising among or between OPERATOR, other franchisees in the Cooperative, and/or the Cooperative, shall be resolved in accordance with the rules and procedures set forth in the Cooperative's governing documents.
OPERATOR's contributions to a Cooperative shall be credited towards satisfaction of the obligation for expenditures for local advertising and promotional activities as BEN & JERRY'S may require pursuant to Section 12.1 above, but shall not be credited towards required contributions to the Fund.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, if a Cooperative is established in the geographic area of a Scoop Shop, the OPERATOR must become a member within thirty (30) days after the Cooperative begins operation.
This requirement ensures that Ben Jerrys franchisees participate in local market advertising efforts if a cooperative is established in their area. Cooperatives are market advertising funds designated by Ben & Jerry's for specific geographic areas.
However, a Ben Jerrys OPERATOR is not required to be a member of more than one Cooperative unless they own multiple Scoop Shops in different geographic markets. This clarifies that the membership requirement is tied to the location of each Scoop Shop.
Contributions to the Cooperative can be credited toward the franchisee's local advertising obligations, but not toward required contributions to the Fund. This distinction is important for franchisees to understand how their advertising dollars are allocated and managed.