Must a Ben Jerrys franchisee notify the franchisor when replacing a manager?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.18 Without limiting the requirements of Section 18.1, the day-to-day operations of the Scoop Shop shall be under the direct supervision of OPERATOR or a manager of OPERATOR who has satisfactorily completed Scoop U Training.
In addition, the Authorized Warehouse shall be under the direct supervision of the OPERATOR [, or a manager of the Catering Entity who has successfully completed Scoop U training (which training may have been completed in relation to the Scoop Shop prior to the signing of the Warehouse Addendum)]. OPERATOR shall maintain a competent, conscientious, trained staff, including a fully-trained manager (who may be OPERATOR) and if OPERATOR has multiple Scoop Shops, a fully-trained manager for each Scoop Shop and associated Authorized Warehouse, as applicable.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 66–67)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the day-to-day operations of the Scoop Shop must be under the direct supervision of the franchisee or a manager who has satisfactorily completed Scoop U Training. The franchisee must maintain a competent, trained staff, including a fully-trained manager. If the franchisee has multiple Scoop Shops, a fully-trained manager is required for each Scoop Shop.
While the FDD excerpt specifies the requirement for a trained manager to oversee daily operations, it does not explicitly state whether a Ben Jerrys franchisee must notify the franchisor when replacing a manager. However, given the emphasis on manager training and the need for competent staff, it is implied that Ben Jerrys would need to be informed of manager changes to ensure compliance with these operational standards.
Prospective franchisees should clarify with Ben Jerrys the exact procedures for manager replacement, including whether prior approval is needed, what documentation must be submitted, and what training requirements apply to new managers. Understanding these requirements will help ensure smooth transitions and maintain the quality and consistency of operations at the Scoop Shop.