If a Cooperative is established, when must the Ben Jerrys OPERATOR become a member?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
If a Cooperative is established for the geographic area in which the Scoop Shop is located, OPERATOR shall become a member of such Cooperative within thirty (30) days after the date on which the Cooperative commences operation.
OPERATOR shall not be required to be a member of more than one (1) Cooperative, except to the extent that OPERATOR owns multiple Scoop Shops located in different geographic markets.
Each Cooperative shall be organized and governed in a form and manner prescribed or approved by BEN & JERRY'S in writing.
Any disputes arising among or between OPERATOR, other franchisees in the Cooperative, and/or the Cooperative, shall be resolved in accordance with the rules and procedures set forth in the Cooperative's governing documents.
OPERATOR's contributions to a Cooperative shall be credited towards satisfaction of the obligation for expenditures for local advertising and promotional activities as BEN & JERRY'S may require pursuant to Section 12.1 above, but shall not be credited towards required contributions to the Fund.
OPERATOR shall submit to the Cooperative the amount required of OPERATOR under this Agreement at such times as determined by BEN & JERRY'S, together with such other statements or reports as may be required by BEN & JERRY'S, or by the Cooperative with BEN & JERRY'S prior written approval.
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 establishes a Cooperative for the geographic area where a Scoop Shop is located, the OPERATOR must become a member within thirty (30) days after the Cooperative begins operation.
However, the OPERATOR is not required to be a member of more than one Cooperative, unless they own multiple Scoop Shops in different geographic markets. Each Cooperative's organization and governance must be in a form and manner prescribed or approved by Ben & Jerry's in writing.
Contributions to a Cooperative by the OPERATOR will be credited towards their local advertising and promotional expenditure obligations, as required by Ben & Jerry's. These contributions, however, will not count towards any required contributions to the Fund. The OPERATOR is required to submit the amount due to the Cooperative as determined by Ben & Jerry's, along with any statements or reports required by Ben & Jerry's or by the Cooperative with Ben & Jerry's prior written approval.