What are 'Other Items' as defined by Ben Jerrys?

According to Ben Jerrys's 2025 Franchise Disclosure Document, 'Other Items' are defined as items such as spoons, cups, and cones that are required to be offered, sold, or used at the Ben Jerrys Scoop Shop. Ben Jerrys seeks to make these 'Other Items' available for purchase by the franchisee directly, or through its affiliates, approved suppliers, or distributors, provided that these items are readily available.

However, Ben Jerrys retains the right to discontinue the availability of particular Products and Other Items from time to time. They can also designate specific Products and Other Items for retail in limited geographic regions, demographic markets, or types of facilities and venues. This allows Ben Jerrys to manage supply based on shortages, customer preferences, seasonal promotions, and to assess the marketability of items.

Ben Jerrys also has the right to require the return or disposal of Products and Other Items believed to be unfit for their intended purpose, such as if they are adulterated, tainted, expired, or unsafe. In such cases, Ben Jerrys will reimburse the franchisee for the cost of the returned or disposed-of Products, as well as reasonable return costs, provided the issue was not due to the franchisee's actions. Additionally, Ben Jerrys can allocate the supply of Products and Other Items among all Scoop Shops based on criteria they determine and change the range, types, and nature of these items without notice.