factual

What are some examples of Institutional Facilities where Ben Jerrys may establish shops?

Ben_Jerrys Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (3) We may own, acquire, establish, and/or operate and license others to establish and operate, Shops under the Proprietary Marks at special or limited purpose, limited access, or captive audience facilities, and other types of institutional accounts (which include airports and other public transportation facilities, parks, stadiums, business and industrial and military complexes, educational facilities, hospitals and other facilities, theaters, museums, art centers, and amusement centers (collectively, "Institutional Facilities") at any location within or outside the Territory or Development Area.

Source: Item 12 — TERRITORY (FDD pages 60–64)

What This Means (2025 FDD)

According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys retains the right to establish shops at various locations, including what they define as "Institutional Facilities." These facilities are characterized as special or limited purpose, limited access, or captive audience locations.

Examples of Institutional Facilities where Ben Jerrys may establish shops include airports and other public transportation facilities, parks, stadiums, business and industrial and military complexes, educational facilities, hospitals and other facilities, theaters, museums, art centers, and amusement centers. These locations are not subject to the territorial protections granted to franchisees, meaning Ben Jerrys can establish a presence in these areas even if they fall within a franchisee's territory or development area.

This reservation of rights allows Ben Jerrys to tap into diverse markets and customer bases that a franchisee might not otherwise reach. It also means that a franchisee could potentially face competition from a company-owned or licensed Ben Jerrys shop within their general area, although not operating as retail scooped ice cream, sorbet and/or frozen yogurt businesses, if it's located within one of these Institutional Facilities. This is an important consideration for prospective franchisees to understand, as it can impact their potential customer base and revenue.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.