Can Ben Jerrys designate suppliers for design and architectural services?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.1 BEN & JERRY'S shall have the right to designate one or more suppliers of design services and/or architectural services (a "Designated Design Firm") to supply such services to the System. OPERATOR may also use a local design firm so long as the local design firm meets our qualifications and OPERATOR has received written permission from BEN & JERRY'S to do so. OPERATOR shall provide the layout and dimensions for the site of the Scoop Shop to the design firm in the manner specified in the Manual or otherwise in writing, which will prepare a standardized design (a "Preliminary Drawing") of the Scoop Shop using such layout and dimensions. The design firm shall prepare final plans for construction based upon the Preliminary Drawings and specifications. The final plans for construction shall not thereafter be materially changed or modified without the prior written permission of BEN & JERRY'S. OPERATOR shall be solely responsible for payments for all design and architecture services. OPERATOR shall renovate or construct, and equip the Scoop Shop according to the final plans for construction, at OPERATOR's own expense.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys retains the right to designate suppliers for design and architectural services. Specifically, Ben Jerrys can designate one or more suppliers of design and/or architectural services to the Ben Jerrys system.
However, the franchisee, referred to as the OPERATOR, is not obligated to use Ben Jerrys's designated design firm. The OPERATOR may opt to use a local design firm, provided that the firm meets Ben Jerrys's qualifications and the OPERATOR obtains written permission from Ben Jerrys to do so. The OPERATOR is responsible for providing the site layout and dimensions to the design firm, which will then prepare a standardized design.
The franchisee is solely responsible for payments for all design and architecture services. The franchisee is also responsible for ensuring the Scoop Shop complies with the Americans With Disabilities Act (ADA).