What is the definition of 'Mobile Vending' for a Ben Jerrys franchise?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.2 BEN & JERRY'S may grant OPERATOR the right, but not the obligation, to engage in off-premises activities, including scooping at festivals, fairs, concerts, sporting events and other events ("Special Events"), scooping at customers' homes, offices, celebrations and other locations ("Catering") (hereinafter, Special Events and Catering are collectively referred to as "Off-Premises Activities"), delivery by third parties (e.g., Uber Eats, GrubHub and Door Dash) to customers' homes, offices and other locations ("On-Demand Sales"), and the scooping of Products from a mobile scooping facility such as a truck of trailer ("Mobile Vending") with such Off-Premises Activity, On-Demand Sales and Mobile Vending to be approved by BEN & JERRY'S as described below in Section 7.3.
All Off-Premises Activities, On-Demand Sales and Mobile Vending shall be subject to the terms stated in this Agreement and as may be set forth in BEN & JERRY'S Confidential Operating Manual (the "Manual"), which is more fully described in Section 9 hereof, or otherwise by BEN & JERRY'S in writing.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Mobile Vending is defined as the scooping of products from a mobile scooping facility such as a truck or trailer. Ben Jerrys may grant the franchisee the right, but not the obligation, to engage in Mobile Vending.
Mobile Vending, along with other off-premises activities and on-demand sales, is subject to the terms and conditions outlined in the Franchise Agreement and the Confidential Operating Manual. Franchisees must adhere to guidelines and requirements related to insurance coverage, event size, event duration, and vehicle use when conducting Mobile Vending activities.
If a franchisee wishes to engage in Mobile Vending outside their designated territory, they must submit a written request to Ben Jerrys for prior approval, in accordance with the manual. Ben Jerrys retains the right to grant or deny permission for franchisees to sell products through Mobile Vending outside their territory. This permission can be revoked if Ben Jerrys grants territorial rights to another operator in the area where the Mobile Vending is taking place.