Does the Ben Jerrys Franchise Agreement obligate the OPERATOR to engage in off-premises activities?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.2 BEN & JERRY'S may grant OPERATOR the right, but not the obligation, to engage in off-premises activities, including scooping at festivals, fairs, concerts, sporting events and other events ("Special Events"), scooping at customers' homes, offices, celebrations and other locations ("Catering") (hereinafter, Special Events and Catering are collectively referred to as "Off-Premises Activities"), delivery by third parties (e.g., Uber Eats, GrubHub and Door Dash) to customers' homes, offices and other locations ("On-Demand Sales"), and the scooping of Products from a mobile scooping facility such as a truck of trailer ("Mobile Vending") with such Off-Premises Activity, On-Demand Sales and Mobile Vending to be approved by BEN & JERRY'S as described below in Section 7.3.
All Off-Premises Activities, On-Demand Sales and Mobile Vending shall be subject to the terms stated in this Agreement and as may be set forth 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.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Franchise Agreement does not obligate the operator to engage in off-premises activities. Ben & Jerry's may grant the operator the right, but not the obligation, to participate in activities such as scooping at special events, catering, on-demand sales, and mobile vending. These activities are subject to approval by Ben & Jerry's.
This means that a Ben Jerrys franchisee has the option to expand their business beyond the traditional scoop shop by participating in off-premises activities. However, they are not required to do so. This flexibility allows franchisees to tailor their business model to their local market and personal preferences.
It is important for prospective franchisees to understand that any off-premises activities, on-demand sales, and mobile vending must comply with the terms and conditions outlined in the Franchise Agreement and the Confidential Operating Manual. Additionally, these activities may require prior approval from Ben & Jerry's, ensuring that brand standards are maintained and that the franchisee has the necessary resources and support to succeed in these ventures.