Is Ben Jerrys guaranteeing the profitability of the Scoop Shop by approving the location?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
& JERRY'S Confidential Operating Manual (the "Manual"), which is more fully described in Section 9 hereof, or otherwise by BEN & JERRY'S in writing. All Off-Premises Activities, On-Demand Sales and Mobile Vending shall be subject to the terms of this Agreement.
- 1.3 OPERATOR shall operate the Scoop Shop only at the authorized location (the "Authorized Location") specified in Exhibit A. OPERATOR shall not relocate the Scoop Shop without the prior written approval of BEN & JERRY'S, which shall be subject to the terms of Section 7.26 below. Any authorizations furnished by BEN & JERRY'S pursuant to this Section 1.3 or assistance in selecting a location, shall be at the sole discretion of BEN & JERRY'S, and are not, and shall not be, a guarantee or assurance by BEN & JERRY'S that the Scoop Shop shall be profitable or successful. OPERATOR acknowledges and agrees that approval of OPERATOR's proposed location, under this Section 1.3 or pursuant to the Site Authorization Notice, does not constitute any assurance, representation, or warranty of BEN & JERRY'S of any kind, that OPERATOR's Scoop Shop at the Approved Location shall be profitable or successful.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's does not guarantee the profitability or success of a Scoop Shop, even if they approve the location. Ben & Jerry's may offer assistance in selecting a location, but this is at their sole discretion and should not be interpreted as a guarantee of financial success.
The franchisee acknowledges that Ben & Jerry's approval of a location does not constitute any assurance, representation, or warranty that the Scoop Shop will be profitable or successful. The franchisee bears sole responsibility for the choice of the approved location and their success at that location.
This is a common practice in franchising, as the success of a business depends on many factors beyond just location, including the franchisee's management skills, local market conditions, and competition. Prospective Ben Jerrys franchisees should conduct their own independent investigation of the business opportunity and understand the risks involved.