Which items in the Ben Jerrys Disclosure Document provide more information about pre-opening purchases/leases?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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Pre-Opening Obligations
We are required by the Preliminary Agreement, Franchise Agreement and Development Agreement to provide the following types of assistance to you before you open the Shop:
Preliminary Agreement
If you sign a Preliminary Agreement, we will provide the following types of assistance and services to you:
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- We will review your request for a location and preliminary design approval, if you will lease or sublease the premises. (Preliminary Agreement § 6)
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- We will also review the lease or sublease to ensure that the lease contains the provisions required in the Preliminary Agreement, and that the duration of the lease is the same as
the term of your Franchise Agreement. (Preliminary Agreement § 7) The current form of required Lease Rider appears as Exhibit J to this Disclosure Document.
Franchise Agreement
Before you open the Shop, we will provide the following types of assistance and services to you:
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- We will make available standardized plans and specifications for the Shop, which will include prototype interior design and layout, fixtures, equipment, furnishings, and signs and graphics.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 41–43)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Item 11 and Exhibit J provide information regarding pre-opening purchases and leases. Item 11 outlines the assistance Ben Jerrys provides before the shop opens, including reviewing location requests and preliminary design approvals if the franchisee will lease or sublease the premises. Ben Jerrys will also review the lease or sublease to ensure it contains the provisions required in the Preliminary Agreement and that the lease duration matches the Franchise Agreement term.
Item 11 also states that Ben Jerrys will make available standardized plans and specifications for the shop, including prototype interior design and layout, fixtures, equipment, furnishings, and signs and graphics. Ben Jerrys retains the right to designate design and architectural firms for franchisees developing new shops. The current form of the required Lease Rider appears as Exhibit J to the Disclosure Document.
Prospective franchisees should carefully review Item 11 and Exhibit J to understand Ben Jerrys's requirements and assistance related to pre-opening obligations, particularly concerning site selection, lease terms, and shop design. Understanding these requirements is crucial for budgeting and planning the initial setup of the Ben Jerrys franchise.