Where in the Franchise Agreement can I find information about compliance with standards and policies/operating manual obligations for a Ben Jerrys franchise?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
You must comply with our standards and procedures (which we may issue periodically in the Manual or otherwise in writing) as to your use of: blogs, social networks (like "Facebook and "Instagram"), professional networks (such as "Linked-In"), live blogging tools (such as "Twitter"), virtual worlds, file, audio and video sharing sites and other similar social networking media or tools that in any way reference the Proprietary Marks or involve the System or your Scoop Shop. (Franchise Agreement, § 7.11.6)
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 41–43)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees are required to adhere to the standards, procedures, and policies outlined in the operating manual. Specifically, Section 7.11.6 of the Franchise Agreement, as referenced in Item 11, addresses compliance regarding the use of social media. This section states that franchisees must follow Ben Jerrys' standards and procedures, which may be issued periodically in the manual or in writing, concerning their use of blogs, social networks like Facebook and Instagram, professional networks like Linked-In, live blogging tools like Twitter, virtual worlds, and file, audio, and video sharing sites. These standards apply to any social networking media or tools that reference Ben Jerrys' Proprietary Marks or involve the System or the franchisee's Scoop Shop.
This means that Ben Jerrys has the right to dictate how franchisees represent the brand online and in social media. Franchisees must stay updated with any changes to these standards and procedures, whether they are communicated through the operating manual or other written notices. Failure to comply with these standards could result in a breach of the Franchise Agreement.
For prospective franchisees, this highlights the importance of carefully reviewing Section 7.11.6 of the Franchise Agreement and understanding the scope of Ben Jerrys' control over their online presence. It also emphasizes the need to stay informed about any updates or modifications to the social media standards and procedures to ensure ongoing compliance and avoid potential penalties.