For a Ben Jerrys franchise, what is the 'Warehouse' used for, according to the agreement?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.2.2 [OPERATOR/The Catering Entity] shall use the Authorized Warehouse solely for the provision of Off-Premises Activities [and/or Mobile Vending] services in accordance with the Agreement and the Warehouse Addendum.
The Authorized Warehouse shall be used specifically only for the following purposes: warehouse for Products and other products, storage of catering supplies, general storage space, office space, parking for carts and truck(s), and such other uses as BEN & JERRY'S may specify in the Manual, or otherwise approve in writing.
The Authorized Warehouse shall not be used for the preparation of any Products, shall not make use of signage on the exterior of the premises (except for such identifying information necessary for deliveries), provide Off-Premises Activities [and/or Mobile Vending] at or within the Authorized Warehouse or otherwise serve or sell Products or products directly to any customer at or within the Authorized Warehouse. [OPERATOR/The Catering Entity] shall also refrain from using or permitting the use of the Authorized Warehouse for any unauthorized or unlawful purpose; and shall refrain from using or permitting the use of the Authorized Warehouse for any purpose or activity other than those specifically listed in this Section 7.2 at any time without first obtaining the written consent of BEN & JERRY'S.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Authorized Warehouse is specifically designated for supporting Off-Premises Activities and/or Mobile Vending services. The warehouse serves several key functions, including storing products and catering supplies, providing general storage space, offering office space, and providing parking for carts and trucks. Ben & Jerry's retains the right to specify additional uses for the warehouse in the Manual or through written approval.
However, the agreement strictly prohibits certain activities at the Authorized Warehouse. Franchisees are not allowed to prepare any products at the warehouse, use exterior signage beyond what is necessary for deliveries, conduct Off-Premises Activities or Mobile Vending from the warehouse itself, or sell products directly to customers at the warehouse. The franchisee must also avoid using the warehouse for any unauthorized or unlawful purposes, or for any activities not explicitly listed in the agreement, without prior written consent from Ben & Jerry's.
Prospective Ben Jerrys franchisees should understand that the Authorized Warehouse is intended to support and streamline off-site catering and mobile vending operations, not to function as a retail location or production facility. Adherence to these usage guidelines is essential, and any deviation requires explicit approval from Ben & Jerry's. This ensures brand consistency and regulatory compliance across all franchise locations and activities.