What must a Ben Jerrys franchisee do if Ben Jerrys supplements, improves, or modifies the System?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Homemade developed and has licensed to us a distinctive system (the "System") relating to the establishment and operation of retail frozen dessert businesses, which operate at retail shops that display our interior and exterior trade dress ("Ben & Jerry's Shops").
The distinguishing characteristics of the System include distinctive exterior and interior design, decor, color scheme, fixtures, and furnishings; standards and specifications for products, equipment, materials, and supplies; uniform standards, specifications, and procedures for operations; procedures for inventory and management control; training and assistance; and marketing and promotional programs; all of which may be changed, improved and further developed by us.
You will be responsible for: (a) acquiring, operating, maintaining and upgrading your POS System as directed by Ben & Jerry's; (b) the manner in which your POS System may interface with our computer systems, if any, and the computer systems of third parties; and (c) any and all consequences that may arise if your POS System is not properly operated, maintained and upgraded.
We reserve the right to change our specifications in the future to take advantage of technological advances or to adapt the POS System to meet operational needs and changes. As noted in Item 6, we may also collect a "technology fee" to support the System's technological advancements and any technology related fees paid by Ben & Jerry's for the benefit of franchisees. We also reserve the right to require that you acquire and install upgrades to the software used in your system. We may, in the future, require additional software programs (for example, programs or inventory control, forecasting, scheduling, payroll and invoice processing, as well as loyalty), some of which may be proprietary.
repainting or replacement of obsolete signs, furnishings, equipment, and decor as BEN & JERRY'S may reasonably direct. Any replacement, reconstruction, addition or modification to the Scoop Shop must be approved by BEN & JERRY'S and comply with the specifications of BEN & JERRY'S.
- 7.17 In order to preserve BEN & JERRY'S legitimate interest in protecting the quality of its Products and the BEN & JERRY'S brand, reputation and goodwill, at the request of BEN & JERRY'S, but not more often than once every five (5) years, unless sooner required by OPERATOR's lease, OPERATOR shall refurbish the Premises, at its expense, to conform to the store design, trade dress, color schemes, and presentation of the Proprietary Marks in a manner consistent with the then-current image for new Scoop Shops.
Such refurbishment may include structural changes, installation of new equipment and signs (including menu board systems), remodeling, redesign, redecoration, and modifications to existing improvements.
Notwithstanding the foregoing, BEN & JERRY'S shall not require OPERATOR to spend more than Fifteen Thousand Dollars ($15,000) on such refurbishment pursuant to this Section 7.17 in any five-year period.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Ben Jerrys FDD, franchisees must generally comply with changes that Ben Jerrys makes to its System. The Ben Jerrys System includes distinctive exterior and interior design, decor, color scheme, fixtures, and furnishings; standards and specifications for products, equipment, materials, and supplies; uniform standards, specifications, and procedures for operations; procedures for inventory and management control; training and assistance; and marketing and promotional programs. Ben Jerrys retains the right to change, improve, and further develop the System.
Specifically, regarding the POS system, Ben Jerrys reserves the right to change specifications to take advantage of technological advances or to adapt the POS System to meet operational needs and changes. Ben Jerrys may also collect a "technology fee" to support the System's technological advancements and any technology-related fees paid by Ben Jerrys for the benefit of franchisees. Ben Jerrys also reserves the right to require that franchisees acquire and install upgrades to the software used in their system and may, in the future, require additional software programs.
Additionally, Ben Jerrys may direct franchisees to perform repainting or replacement of obsolete signs, furnishings, equipment, and decor. Any replacement, reconstruction, addition, or modification to the Scoop Shop must be approved by Ben Jerrys and comply with Ben Jerrys's specifications. At Ben & Jerry's request, but not more often than once every five years (unless sooner required by the franchisee's lease), the franchisee must refurbish the premises at their expense to conform to the store design, trade dress, color schemes, and presentation of the Proprietary Marks in a manner consistent with the then-current image for new Scoop Shops. However, Ben Jerrys will not require a franchisee to spend more than $15,000 on such refurbishment in any five-year period, unless the renovations are required for renewal of franchise rights or transfers under the agreement.