What form does the written approval of a proposed site from Ben Jerrys take?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a prospective operator or developer must obtain written approval from Ben & Jerry's for a proposed site. This approval comes in the form of a "Site Authorization Notice." This notice signifies that Ben & Jerry's finds the proposed site acceptable.
Before executing a lease or binding agreement to purchase the proposed site, the prospective operator or developer must receive this Site Authorization Notice. After receiving the site approval, the operator or developer typically has a limited time, such as thirty days, to finalize the lease or purchase agreement.
It is important to note that Ben & Jerry's approval of a site does not constitute a warranty or assurance of the site's suitability for a Scoop Shop. The document states that site approval only indicates that Ben & Jerry's believes the site meets its minimum criteria at the time of evaluation. Factors such as demographic and economic changes can affect a site's potential, and Ben & Jerry's is not responsible if an approved site fails to meet the operator's expectations regarding revenue or operational criteria. The franchisee is responsible for their own independent investigation of the site's suitability.