What is the duration of the Evaluation Period during which Ben Jerrys evaluates site proposals and designs?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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- No Franchise Rights. No offer by BEN & JERRY'S to grant a franchise to PROSPECTIVE OPERATOR shall be made except by a written document specifically identified as a Ben & Jerry's Franchise Agreement which is executed by an officer of BEN & JERRY'S. This Preliminary Agreement is not an offer of a franchise or a commitment or promise by BEN & JERRY'S to offer PROSPECTIVE OPERATOR a franchise. Unless and until a Franchise Agreement is signed by BEN & JERRY'S, PROSPECTIVE OPERATOR shall not use the "Ben & Jerry's" marks or system, nor shall PROSPECTIVE OPERATOR at any time make any representations or commitment on behalf of BEN & JERRY'S.
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- Application. PROSPECTIVE OPERATOR agrees to make all applications and provide all information reasonably requested by BEN & JERRY'S to evaluate PROSPECTIVE OPERATOR's qualifications and suitability to enter into a Franchise Agreement with BEN & JERRY'S.
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- Identification of a Site for a Shop. Within the Evaluation Period, PROSPECTIVE OPERATOR agrees to locate and submit one or more proposed sites, in the manner described
below, as necessary to identify a specific site for a Shop that BEN & JERRY'S finds acceptable as described below. PROSPECTIVE OPERATOR shall submit to BEN & JERRY'S a site evaluation package ("SEP"), in a form prescribed by BEN & JERRY'S, identifying each proposed site and describing the preliminary design, relevant demographic and cost factors concerning such site. BEN & JERRY'S shall have the right to require that PROSPECTIVE OPERATOR simultaneously submit SEP's for up to three (3) proposed sites. BEN & JERRY'S shall have ten (10) business days after receipt of a SEP from PROSPECTIVE OPERATOR to approve or disapprove, in its sole discretion, the proposed site for the Shop. PROSPECTIVE OPERATOR must obtain written approval by BEN & JERRY'S of the proposed site, including its preliminary design, in the form of a "Site Authorization Notice," before executing a lease or a binding agreement to purchase the proposed site. PROSPECTIVE OPERATOR shall execute a lease that complies with Section 7 of this Preliminary Agreement or a binding agreement to purchase the site within thirty (30) days of approval of the site by BEN & JERRY'S.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Prospective Operator agrees to locate and submit one or more proposed sites within the Evaluation Period. Ben & Jerry's has the right to approve or disapprove the proposed site within ten business days after receiving the site evaluation package (SEP).
The Evaluation Period can be extended if the Prospective Operator requests it in writing at least 30 days before the initial period expires. Ben & Jerry's has the discretion to grant extensions of six months each.
At the end of the initial Evaluation Period, or after any granted extensions, the Preliminary Agreement automatically expires, unless otherwise specified in the agreement.