Does the Ben Jerrys lease rider grant the tenant the right to utilize standard signage?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything contained within the Form Lease to the contrary, Tenant shall, subject to the requirements of local law, have the right to:
- (a) utilize its standard signage and other proprietary marks and identification on both the exterior and within the interior of the Premises; and
- (b) operate in a manner that permits all customers (both paying and non-paying) to be able to enter, be present at, and utilize the Premises in a non-discriminatory, welcoming, and safe manner.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the lease rider grants the tenant the right to utilize standard signage. Specifically, the lease rider states that the tenant, notwithstanding anything to the contrary in the Form Lease, has the right, subject to local law, to use its standard signage and proprietary marks on the exterior and interior of the premises. This ensures that Ben Jerrys franchisees can properly identify their scoop shops with the brand's established signage.
This provision is included in the Ben & Jerry's Lease Rider, which the prospective operator must submit to Ben & Jerry's for review prior to executing the lease. Ben Jerrys reviews the lease to ensure it contains the conditions set forth in the rider. This review process helps to protect Ben Jerrys's brand standards and ensure uniformity across all franchise locations.
It's important to note that while Ben Jerrys approves the site, this approval doesn't guarantee the site's suitability or potential revenue. The franchisee is responsible for their own independent investigation of the site's suitability. Additionally, the right to use standard signage is subject to local laws, meaning franchisees must comply with local regulations regarding signage.