What is the duration of the 'Evaluation Period' that Ben Jerrys uses to assess site proposals?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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. After execution of the lease or binding agreement to purchase the site, BEN & JERRY'S will provide PROSPECTIVE OPERATOR with a copy of the Franchise Agreement for signature.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the 'Evaluation Period' is a timeframe during which a prospective operator locates and submits potential sites for a Ben & Jerrys shop. Ben & Jerrys must find these sites acceptable. The prospective operator needs to submit one or more proposed sites as necessary to identify a specific location that Ben & Jerrys approves.
During this evaluation phase, the prospective operator is required to provide Ben & Jerrys with a site evaluation package (SEP). This package should be in a format prescribed by Ben & Jerrys and include details such as the preliminary design, relevant demographic information, and cost factors associated with each proposed site. Ben & Jerrys has the right to request SEPs for up to three sites simultaneously.
Ben & Jerrys has ten business days to either approve or disapprove a proposed site after receiving the SEP. If Ben & Jerrys approves a site, the prospective operator must obtain written approval in the form of a Site Authorization Notice. Following this approval, the prospective operator has 30 days to execute a lease or a binding agreement to purchase the site. After the lease or purchase agreement is secured, Ben & Jerrys will provide the Franchise Agreement for the prospective operator to sign.