Does the Ben Jerrys Franchise Agreement allow for Mobile Vending?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Such Off-Premises Activities [and/or Mobile Vending] must be conducted in accordance with the terms and conditions stated in this Agreement, in BEN & JERRY'S Confidential Operating Manual (the "Manual"), which is more fully described in Section 9 hereof, or otherwise by BEN & JERRY'S in writing.
In the event OPERATOR discontinues the use of the Warehouse and OPERATOR is not in default under the terms of the Franchise Agreement, OPERATOR may continue to provide Off-Premises Activities [and/or Mobile Vending] pursuant to the terms in the Franchise Agreement from the OPERATOR'S Scoop Shop.
OPERATOR agrees that, as long as the Warehouse Addendum remains in full force and effect, [OPERATOR/the Catering Entity] shall conduct all Off-Premises Activities [and/or Mobile Vending] solely from the Authorized Warehouse in accordance with the Warehouse Addendum and shall not otherwise conduct Off-Premises Activities [and/or Mobile Vending] through the Scoop Shop.
Section 1.3 of the Franchise Agreement shall be renumbered as Section 1.3.1, and the following Section 1.3.2 shall be added:
- 1.3.2 **[**OPERATOR/The Catering Entity] shall conduct all Off-Premises Activities [and/or Mobile Vending] solely from the authorized Warehouse (the "Authorized Warehouse") specified in Exhibit A to the Warehouse Addendum. **[**OPERATOR/The Catering Entity] shall not relocate the Authorized Warehouse without the prior written approval of BEN & JERRY'S, which approval shall be subject to the terms of Section 7.26
below. Any authorizations furnished by BEN & JERRY'S pursuant to this Section 1.3 shall be at the sole discretion of BEN & JERRY'S, and are not, and shall not be, a guarantee or assurance by BEN & JERRY'S that Off-Premises Activities [and/or Mobile Vending] operated from the Authorized Warehouse be profitable or successful. [OPERATOR/The Catering Entity] acknowledges and agrees that approval of the Authorized Warehouse's proposed location under this Section 1.3 does not constitute any assurance, representation, or warranty of BEN & JERRY'S of any kind, that the OPERATOR'S Off-Premises Activities [and/or Mobile Vending] shall be profitable or successful.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Franchise Agreement does allow for mobile vending, referred to as "Off-Premises Activities [and/or Mobile Vending]" within the document. However, this is subject to specific terms and conditions outlined in the Franchise Agreement, the Ben & Jerry's Confidential Operating Manual, or as otherwise provided by Ben & Jerry's in writing.
Ben & Jerry's operators may conduct Off-Premises Activities and mobile vending from their scoop shops, but if the operator uses a separate authorized warehouse, all such activities must be conducted solely from that warehouse. The franchisee cannot relocate the authorized warehouse without prior written approval from Ben & Jerry's. Ben & Jerry's maintains the right to grant or deny authorizations for Off-Premises Activities and mobile vending at its sole discretion, and such approval does not guarantee profitability or success.
Franchisees are generally restricted to selling products only at the authorized location of their scoop shop or from the authorized warehouse for approved off-premises activities, including mobile vending. To conduct mobile vending outside of their designated territory, a Ben Jerrys operator must submit a written request to Ben & Jerry's for prior approval, which Ben & Jerry's may grant or deny. If permission is granted, it may be subject to specific requirements and can be revoked with thirty days' notice.
Ben Jerrys requires that the day-to-day operations of both the scoop shop and any authorized warehouse be under the direct supervision of the operator or a trained manager who has completed Scoop U Training. Franchisees must also maintain appropriate insurance coverage, including comprehensive general liability, property and casualty, workers' compensation, product liability, and vehicle insurance, naming Ben & Jerry's as an additional insured.