What is Ben Jerrys' definition of 'Scoop Shop'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.3 OPERATOR shall operate the Scoop Shop only at the authorized location (the "Authorized Location") specified in Exhibit A.
OPERATOR shall not relocate the Scoop Shop without the prior written approval of BEN & JERRY'S, which shall be subject to the terms of Section 7.26 below.
Any authorizations furnished by BEN & JERRY'S pursuant to this Section 1.3 or assistance in selecting a location, shall be at the sole discretion of BEN & JERRY'S, and are not, and shall not be, a guarantee or assurance by BEN & JERRY'S that the Scoop Shop shall be profitable or successful.
OPERATOR acknowledges and agrees that approval of OPERATOR's proposed location, under this Section 1.3 or pursuant to the Site Authorization Notice, does not constitute any assurance, representation, or warranty of BEN & JERRY'S of any kind, that OPERATOR's Scoop Shop at the Approved Location shall be profitable or successful.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a 'Scoop Shop' is the primary location from which franchisees are authorized to operate. The FDD specifies that franchisees must operate their Scoop Shop at the 'Authorized Location' detailed in Exhibit A of the franchise agreement.
Ben Jerrys franchisees are not allowed to relocate their Scoop Shop without prior written approval from Ben & Jerry's. This approval is subject to specific terms outlined in Section 7.26 of the agreement. While Ben Jerrys may offer assistance in selecting a location, any such assistance does not guarantee the profitability or success of the Scoop Shop.
The agreement emphasizes that the approval of a proposed location by Ben Jerrys does not constitute any assurance, representation, or warranty that the Scoop Shop will be profitable or successful. The franchisee bears the ultimate responsibility for the Scoop Shop's performance at the approved location.