Can Ben Jerrys designate approved suppliers of design, build, and architecture services?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Additionally, as described in Item 11 under the heading "Construction and Layout of the Shop," we have the right to designate approved suppliers of design, build and architecture services
1616304423.3
for Shops being developed. During any time that we have designated either or both a "System Design Firm" or a "System Architect" for the area in which your Shop will be located, you may be required to hire such designated System Design Firm(s) and System Architect(s) in developing your Shop. As of the date of this Disclosure Document, "Livit" (www.livit.design) is our designated System Design Firm that provides design and build services for Shops being developed.
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, Ben Jerrys has the right to designate approved suppliers for design, build, and architecture services for shops being developed. Ben Jerrys may require franchisees to hire designated System Design Firms or System Architects when developing their shop, especially if Ben Jerrys has designated such firms for the area in which the shop will be located. As of the date of the 2025 Disclosure Document, Livit (www.livit.design) is the designated System Design Firm that provides design and build services for shops being developed.
This designation of suppliers impacts prospective franchisees by limiting their choice of service providers for critical aspects of shop development. While this may streamline the process and ensure brand consistency, it also means franchisees may not be able to choose local or preferred providers, potentially affecting costs and timelines. Franchisees are obligated to use these designated suppliers during any time that Ben Jerrys has designated either or both a System Design Firm or a System Architect for the area in which their Shop will be located.
It is important for prospective franchisees to understand that Ben Jerrys estimates that 75% of total purchases and leases in establishing the shop and 80% of the total purchases or leases in the continuing operation of the shop must be obtained from approved suppliers or in accordance with Ben Jerrys' specifications. This highlights the significant control Ben Jerrys exerts over the supply chain and the importance of evaluating these requirements when considering the franchise opportunity. Franchisees should inquire about the criteria for supplier approval and the process for requesting approval of alternative suppliers if desired.