Can a Ben Jerrys franchisee solicit any customers they want?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
cument) specifying the term of the franchise.
A Scoop Shop will have a territory (the "Territory"). See Item 12 of this Disclosure Document for additional information regarding how the Territory of a Scoop Shop is determined and the activities that we and you may take within the Territory. You will market the Products to the general public. You may also market the Products away from your Shop at off-premises activities, including scooping at festivals, fairs, concerts, sporting events and other events ("Special Events"), scooping at customers' homes, offices, celebrations and other locations ("Catering") (Special Events and Catering are collectively referred to as "Off-Premises Activities"), delivery by third parties (e.g., Uber Eats, GrubHub and DoorDash) to customers' homes, offices and other locations ("On-Demand Sales"), and the scooping of Products from a mobile scooping facility such as a truck or trailer ("Mobile Vending"). You must conduct your Off-Premises Activities, On-Demand Sales and Mobile Vending according to the terms in the Franchise Agreement and according to the terms that may be contained in our Manual, or that we may provide in writing.
In association with your Shop, you may be permitted to establish a warehouse in which to store Ben & Jerry's ice cream catering and other products for Off-Premises Activities and Mobile Vending (an "Authorized Warehouse") through a "Warehouse Addendum" (Exhibit G to this Disclosure Document). If you are permitted by us to have an Authorized Warehouse, the Authorized Warehouse will be located at the location specified in the Warehouse Addendum. The Warehouse Addendum may only be used for the following purposes: Warehouse, warehouse for Products and other products, storage of catering supplies, general storage space, office space, parking for cart(s) and truck(s), and such other uses as we may specify in the Manual, or otherwise approve in writing.
Satellite Shops
We may in limited markets and opportunities offer a franchisee of Scoop Shops, who is not in default and satisfies our criteria to operate additional locations, a franchise to operate a
"Satellite" Ben & Jerry's Shop (a "Satellite Shop"). A Satellite Shop will operate under the terms of the Franchise Agreement and a Satellite Addendum to Franchise Agreement (a "Satellite Addendum") (Exhibit E to this Disclosure Document). A Satellite Shop cannot operate independently of a primary franchised location and cannot be transferred without the transfer of the primary franchised location to which it is assigned. As specified in the Satellite Addendum, the term of a franchise for a Satellite Shop will be 5 years.
Test Shops
We may periodically and under conditions that we find acceptable permit franchisees who are operating one or more Scoop Shops to establish and operate a limited operation facility (a "Test Shop") on a short-term basis (typically between 6 months to one year) so the franchisee can more fully explore the potential of the location as an additional franchised Scoop Shop. If we approve a franchisee to operate a Test Shop, the franchisee will sign a Test Shop Addendum to Existing Franchise Agreement ("Test Shop Addendum") (Exhibit H to this Disclosure Document) and will operate the Test Shop, in addition to continuing its other existing Scoop Shop(s), under the terms of its existing franchise agreement and the Test Shop Addendum.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 67–68)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees are expected to market their products to the general public. Ben Jerrys franchisees can also market their products away from their shops through off-premises activities like scooping at special events (festivals, fairs, concerts, sporting events), catering at homes and offices, on-demand sales via third-party delivery services, and mobile vending from trucks or trailers. However, all these activities must adhere to the terms outlined in the Franchise Agreement and the operations manual.
Ben Jerrys does not grant franchisees a protected territory for their Scoop Shops. This means that Ben Jerrys retains the right to establish or license others to operate Ben Jerrys shops selling products at any location, except for the franchisee's authorized location.
As part of the Franchise Agreement, the franchisee, or an owner if the franchisee is not an individual, must devote full time and best efforts to managing and operating the Scoop Shop. This includes marketing the Scoop Shop, providing customer service, adhering to operational standards, and managing staff. The franchisee is expected to maximize product sales, promote the Scoop Shop, and implement recommendations from Ben Jerrys to ensure the success of the business and the overall system.