What kind of consent is required from Ben Jerrys before an operator can use the premises for any activity?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.2 OPERATOR shall use the Premises solely for the operation of the Scoop Shop in accordance with this Agreement; shall keep the Scoop Shop open and in normal operation for such minimum hours and days as are required by OPERATOR'S lease (or, in the event the
OPERATOR'S lease does not designate minimum hours and days, such minimum hours and days as BEN & JERRY'S may specify in the Manual or otherwise in writing); shall refrain from using or permitting the use of the Premises for any unauthorized or unlawful purpose; and shall refrain from using or permitting the use of the Premises for any purpose or activity at any time without first obtaining the written consent of BEN & JERRY'S.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a franchisee, referred to as an OPERATOR, must obtain prior written consent from Ben & Jerrys before using or permitting the use of the premises for any purpose or activity. This requirement is in place to ensure that the Scoop Shop operates in strict conformity with the standards and specifications prescribed by Ben & Jerrys.
This provision is crucial for maintaining uniformity and quality across all Ben Jerrys locations. By requiring written consent, Ben & Jerrys retains control over how the premises are used, preventing unauthorized or unlawful activities that could potentially harm the brand's reputation. This also allows Ben & Jerrys to ensure that the premises are used solely for the operation of the Scoop Shop as intended under the franchise agreement.
For a prospective franchisee, this means that any deviation from the standard Scoop Shop operation, even if seemingly minor, requires explicit approval from Ben & Jerrys. This includes any additional activities or uses of the premises beyond the primary function of selling Ben & Jerrys products. Failing to obtain this written consent could be a breach of the franchise agreement, potentially leading to penalties or termination of the franchise.