If the prospective Ben Jerrys franchisee answered 'No' to questions 25-26, what is the prospective franchisee required to provide?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT P
FRANCHISEE COMPLIANCE QUESTIONNAIRE AND CERTIFICATION
FRANCHISEE COMPLIANCE QUESTIONNAIRE AND CERTIFICATION (FOR NEW OPERATORS)
NOTE: THIS FRANCHISEE COMPLIANCE QUESTIONNAIRE AND CERTIFICATION (FOR NEW OPERATORS) SHALL NOT BE COMPLETED OR SIGNED BY YOU, AND WILL NOT APPLY, IF THE OFFER OR SALE OF THE SCOOP SHOP IS SUBJECT TO THE FRANCHISE DISCLOSURE LAWS IN THE STATES OF CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, OR WISCONSIN.
DO NOT SIGN THIS FRANCHISEE COMPLIANCE QUESTIONNAIRE AND CERTIFICATION (FOR NEW OPERATORS) IF THE FRANCHISE IS TO BE OPERATED IN, OR YOU ARE A RESIDENT OF, CALIFORNIA OR MARYLAND.
Instructions
Please complete the attached questionnaire as you work through the process of becoming a Ben & Jerry's franchisee. We ask that you complete this questionnaire, and sign the certification that appears on the last page.
The overall purpose of the information collected by this questionnaire is to determine whether any statements or promises were made to you by employees or representatives of Ben & Jerry's that Ben & Jerry's has not authorized, and that may be untrue, inaccurate, or misleading. With that purpose in mind, you will find questions with regard to statements that may have been made to you during the application process*.*
In addition to questions relating to statements made to you during the application process, you will also find questions relating to the dates that certain documents (such as the Franchise Disclosure Document, Franchise Agreement, or Development Agreement) were received, or dates on which payment of fees were made. When purchasing a franchise, the timing of the receipt of documents, payment of franchisee fees, and other events are very important. Also, questions relating to your understanding of the Ben & Jerry's Agreement are contained in the questionnaire.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to the 2025 Ben Jerrys Franchise Disclosure Document, Exhibit P contains a Franchisee Compliance Questionnaire and Certification for new operators. This questionnaire is designed to identify any unauthorized, untrue, inaccurate, or misleading statements made by Ben Jerrys employees or representatives during the application process. It also addresses the timing of document receipt and fee payments, which are critical in franchise purchases.
However, the Franchisee Compliance Questionnaire and Certification does not apply if the Scoop Shop is in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin. Furthermore, the document explicitly states that it should not be signed if the franchise is to be operated in, or the franchisee is a resident of, California or Maryland.
The document does not specify what actions a prospective franchisee must take if they answer 'no' to questions 25-26. To fully understand the implications of answering 'no' to those questions, a prospective Ben Jerrys franchisee should directly ask the franchisor about the specific requirements or procedures to follow.