What determines the minimum hours and days a Ben Jerrys Shop must be open?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 15.3.3 If OPERATOR fails to operate the Scoop Shop during such days and hours as required by OPERATOR'S lease (or, in the event OPERATOR'S lease does not
designate minimum days and hours, such minimum days and hours as BEN & JERRY'S may specify in the Manual or otherwise in writing);
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 67–68)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the minimum days and hours of operation for a Ben Jerrys Scoop Shop are determined by the lease agreement or by Ben Jerrys itself. If the lease agreement specifies minimum days and hours, those terms apply. However, if the lease does not specify these, Ben Jerrys has the authority to set the minimum days and hours, which will be outlined in the Manual or in writing.
This means that a prospective Ben Jerrys franchisee needs to carefully review the lease agreement for the shop location to understand any pre-existing requirements for operating hours. If the lease is silent on the matter, the franchisee must then adhere to the standards set by Ben Jerrys, as detailed in the franchise manual or other written directives.
Failure to operate the Scoop Shop during the required days and hours constitutes a default under the Franchise Agreement. If the franchisee fails to maintain the required operating hours, Ben Jerrys may terminate the agreement after providing a seven-day notice, during which the franchisee has the opportunity to correct the issue to Ben Jerrys's satisfaction.