If Ben Jerrys does not acquire the lease, what modifications must the operator make to the premises?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event BEN & JERRY'S does not elect to exercise its option to acquire the lease or sublease for the Premises, OPERATOR shall make such modifications or alterations to the Premises (including the changing of, and the assigning to BEN & JERRY'S of, the telephone number) immediately upon termination or expiration of this Agreement as may be necessary to distinguish the appearance of the Premises from that of Scoop Shops under the System, and shall make such specific additional changes thereto as BEN & JERRY'S may require for that purpose.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, if Ben & Jerry's does not acquire the lease or sublease for the premises upon termination or expiration of the franchise agreement, the operator must make specific modifications to the premises. These modifications are necessary to differentiate the appearance of the location from existing Ben & Jerry's Scoop Shops.
The franchisee is responsible for making alterations to the premises immediately after the agreement ends. These changes include altering the appearance of the premises to distinguish it from the Ben & Jerry's system. The franchisee must also transfer the telephone number to Ben & Jerry's.
Additionally, the franchisee must make any other specific changes that Ben & Jerry's requires for this purpose. This ensures that the location no longer represents or resembles a Ben & Jerry's franchise after the agreement is terminated.