What is a 'Designated Design Firm' in the context of a Ben Jerrys franchise?
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, a "Designated Design Firm" refers to a supplier of design and/or architectural services that Ben Jerrys has the right to designate for the System. While franchisees have the option to use a local design firm, they must ensure that the firm meets Ben Jerrys's qualifications and receive written permission from Ben Jerrys to do so.
The franchisee is responsible for providing the layout and dimensions of the Scoop Shop site to the design firm. The design firm then prepares a standardized design, known as a "Preliminary Drawing," based on the provided layout and dimensions. Following this, the design firm creates final construction plans based on the Preliminary Drawings and specifications. It is important to note that these final construction plans cannot be materially changed or modified without prior written permission from Ben Jerrys.
The franchisee bears the sole responsibility for payments for all design and architecture services. Additionally, the franchisee is obligated to renovate or construct and equip the Scoop Shop according to the final construction plans, all at their own expense. This ensures that each Ben Jerrys location adheres to the brand's standards and specifications, maintaining a consistent image and quality across all franchise locations.