What events trigger the start of the two-year non-compete period for a Ben Jerrys operator?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.4 OPERATOR covenants that, except as otherwise approved in writing by BEN & JERRY'S, for a continuous uninterrupted period of two (2) years commencing upon the date of: (a) a transfer permitted under Section 14 of this Agreement; (b) expiration of this Agreement; (c) termination of this Agreement (regardless of the cause for termination); (d) a final order of a duly authorized arbitrator, panel of arbitrators, or a court of competent jurisdiction (after all appeals have been taken) with respect to any of the foregoing or with respect to enforcement of this Section 17.4; or (e) any or all of the foregoing:
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the two-year non-compete period begins on the date of several events. These include a transfer permitted under Section 14 of the agreement, the expiration of the agreement, or the termination of the agreement, regardless of the reason for termination.
The non-compete period also starts following a final order from an arbitrator, a panel of arbitrators, or a court with jurisdiction, after all appeals have been exhausted. This order must relate to the aforementioned events or the enforcement of the non-compete agreement itself.
Therefore, a Ben Jerrys franchisee should be aware that their ability to engage in a competitive business within a five-mile radius of their location or any other Ben Jerrys Scoop Shop will be restricted for two years following any of these triggering events.