What must a Ben Jerrys franchisee do before opening for business?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Prior to opening for business, you must comply with all pre-opening requirements, as described in the Franchise Agreement and our Manual. You must also obtain our written approval prior to opening the Shop. We will typically conduct the opening inspection and approve or deny the opening of the Shop within 10 business days of your request to open, provided that during holiday and other atypical periods we may extend the time for us to conduct our opening inspection, as needed to accommodate the circumstances.
You, or your design firm on your behalf, must submit final plans and specifications to us for approval before construction of the Shop begins. Our review is not designed to assess compliance with federal, state or local laws and regulations and is limited to review of such plans to access compliance with our design standards for Shops, including such items as trade dress, presentation of Proprietary Marks, and the provision to the potential customer of certain products and services that are central to the functioning of Shops. Additionally, prior to opening the Shop (and prior to renovating it after the initial opening), you must sign and deliver to us an ADA Certification (in the form that is attached as Exhibit B to the Franchise Agreement), certifying to us that the Shop and any proposed renovations comply with the ADA.
Initial Scoop U training must be completed, to our satisfaction, in order for you to open your Shop. Our training staff evaluates each franchisee based on their performance at Scoop U, and will provide such additional training as is necessary to assure that the requirements of Scoop U have been satisfied. In the event that you cannot successfully complete training to our satisfaction and, as a consequence, your Shop will not open, we will refund the initial franchise fee.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 43–60)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a franchisee must comply with all pre-opening requirements outlined in the Franchise Agreement and the Ben Jerrys Manual before opening for business. Additionally, the franchisee must obtain written approval from Ben Jerrys prior to opening their shop. Ben Jerrys typically conducts an opening inspection and either approves or denies the opening within 10 business days of the franchisee's request, though this timeframe may be extended during holiday or other busy periods.
Before construction begins, the franchisee, or their designated design firm, needs to submit final plans and specifications to Ben Jerrys for approval. This review ensures compliance with Ben Jerrys's design standards, including trade dress and presentation of proprietary marks. The franchisee is responsible for ensuring that the plans comply with the Americans with Disabilities Act (ADA) and all other applicable regulations, ordinances, building codes, and permit requirements, as well as any lease or sublease requirements. Prior to opening or renovating the shop, the franchisee must also sign and deliver an ADA Certification to Ben Jerrys, confirming compliance with the ADA.
Furthermore, the initial Scoop U training must be completed to Ben Jerrys's satisfaction before the shop can open. Ben Jerrys's training staff evaluates each franchisee's performance at Scoop U and provides additional training if necessary to meet the requirements. If a franchisee cannot successfully complete the training, Ben Jerrys will refund the initial franchise fee, and the shop will not open. A Scoop U-certified franchisee or manager is required at each location on a full-time basis.