What is the definition of 'Off-Premises Activities' 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, 'Off-Premises Activities' encompass several avenues for franchisees to sell Ben Jerrys products outside of their brick-and-mortar shop. These activities include scooping ice cream at 'Special Events' like festivals, fairs, concerts, and sporting events. It also includes catering services, where franchisees can scoop at customers' homes, offices, celebrations, and other locations.
Additionally, 'Off-Premises Activities' include 'On-Demand Sales,' which refers to delivery services handled by third-party providers such as Uber Eats, GrubHub, and DoorDash. Finally, it covers 'Mobile Vending,' which involves selling Ben Jerrys products from a mobile scooping facility, such as a truck or trailer.
Ben Jerrys emphasizes that engaging in any of these 'Off-Premises Activities,' 'On-Demand Sales,' or 'Mobile Vending' is subject to the terms and conditions outlined in the Franchise Agreement and the Confidential Operating Manual. Franchisees need to adhere to these guidelines, which may include requirements and guidelines related to insurance coverage, event size, event duration, and vehicle use. Furthermore, any such activities typically require prior approval from Ben Jerrys.