Is a Ben Jerrys franchisee allowed to copy or reproduce the Confidential Manual?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.2 OPERATOR shall treat the Manual, any other materials created for or approved for use in the operation of the Scoop Shop, and the information contained therein, as confidential, and shall maintain such information (in electronic format) as proprietary and confidential. OPERATOR shall not download, copy, duplicate, record, or otherwise reproduce the foregoing materials, in whole or in part, or otherwise make the same available to any unauthorized person.
- 9.3 The Manual shall remain the sole property of BEN & JERRY'S and shall be accessible only from a secure place on the Premises, and shall only be accessed electronically.
- 9.4 BEN & JERRY'S may from time to time revise the contents of the Manual, and OPERATOR expressly agrees to comply with each new or changed provision of the Manual.
- 9.5 OPERATOR shall ensure the version of the Manual referred to in the Scoop Shop is the most current version. In the event of any dispute as to the contents of the Manual, the terms of the master version, maintained by the home office of BEN & JERRY'S, shall be controlling.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 65–66)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from copying or reproducing the Confidential Manual. The FDD states that operators must treat the Manual and its contents as confidential and proprietary.
Ben Jerrys provides access to the Manual electronically through the B&J Extranet after the franchisee and their manager complete Scoop U Training. Franchisees are responsible for maintaining the confidentiality of the Manual and ensuring that only authorized personnel have access to it. The Manual must be accessible only from a secure place on the premises and accessed electronically.
Ben Jerrys retains sole ownership of the Manual and may revise its contents periodically. Franchisees must comply with any updates or changes to the Manual. In case of any dispute regarding the Manual's content, the master version maintained by Ben Jerrys's home office will be controlling. Failure to comply with these confidentiality requirements can lead to termination of the franchise agreement.