How must a franchisee treat the Manual and other materials provided by Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
pending patents or copyrights that are material to the franchise. However, we claim common law copyright protection for the Manual for the Ben & Jerry's System and our other forms and materials. We also claim proprietary rights in the confidential information and trade secrets contained in the Manual for Ben & Jerry's Shops.
Confidential Manual
After you and your manager complete Scoop U Training to our satisfaction, we will provide you with access, via electronic media, for the term of your franchise. The Manual will be provided through electronic files. We will provide you with the Manual, as well as other instructional materials, through electronic media, including the Internet or the Ben & Jerry's Extranet. You must treat the Manual, any other materials created for or approved for use in the operation of your Shop, and the information contained in them, as confidential, and must use reasonable efforts to maintain this information (both in electronic and written format) as proprietary and confidential. You must not copy, download, print or otherwise reproduce these materials or otherwise make them available to any unauthorized person. The Manual will remain our sole property. You must keep it accessible only in a secure place on the Shop premises or at the office which supports the Shop.
The Manual contains standards, methods, policies, guidelines and procedures, some of which are mandatory and others of which are suggestions. We may revise the contents of the Manual periodically. You must ensure that the version of the Manual to which you refer is the most current version. If there is a dispute as to the contents of the Manual, the terms of the master version, which we maintain at our home office, will control.
Confidential Information
You must not, during or after the term of the agreements you execute, divulge or use for the benefit of anyone else any confidential information concerning the System and the methods of operation of the Shops.
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 must treat the Manual and other provided materials as confidential and proprietary. After completing Scoop U Training, franchisees gain electronic access to the Manual, which is delivered through electronic files via the internet or the Ben & Jerry's Extranet. Franchisees are responsible for maintaining the confidentiality of these materials, whether in electronic or written format, and must make reasonable efforts to do so.
Specifically, franchisees are prohibited from copying, downloading, printing, reproducing, or making the Manual or any other approved materials available to unauthorized individuals. The Manual remains the sole property of Ben Jerrys and must be stored securely on the Shop premises or at the office supporting the Shop. Franchisees must ensure they are using the most current version of the Manual, with the master version maintained at Ben Jerrys's home office serving as the controlling reference in case of disputes.
Furthermore, franchisees and their employees are forbidden from divulging or using any confidential information concerning the Ben Jerrys system and shop operations for the benefit of others, except for employees who require access to operate the shop. Any information designated as confidential by Ben Jerrys is to be treated as such. Compliance with these regulations is essential for maintaining the integrity and confidentiality of the Ben Jerrys system.