What limited site selection assistance will Ben Jerrys furnish to the developer?

According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's will furnish the developer with such limited site selection assistance as Ben & Jerry's may deem advisable. Ben & Jerry's may also provide on-site evaluation as Ben & Jerry's deems advisable following its review of the site evaluation package (SEP) as part of its evaluation of the developer's request for site approval. Ben & Jerry's is not obligated to conduct on-site evaluation and will not provide on-site evaluation for any proposed site prior to Ben & Jerry's receipt of the SEP and all required information and materials. If on-site evaluation is deemed appropriate by Ben & Jerry's, Ben & Jerry's will conduct on-site evaluations at no charge to the developer. However, if Ben & Jerry's is unable to complete a scheduled on-site evaluation as the result of any action or inaction of the developer, the developer will reimburse Ben & Jerry's for Ben & Jerry's reasonable expenses, including the costs of travel, lodging, wages, and meals.

In order to find a location for their Ben & Jerrys scoop shop, the developer is responsible for locating and submitting specific sites for Scoop Shops. The developer must submit to Ben & Jerry's a site evaluation package (SEP), in a form prescribed by Ben & Jerry's, identifying each proposed site and describing the preliminary design, relevant demographic and cost factors concerning each site. Ben & Jerry's has the right to require that the developer simultaneously submit SEPs for up to three proposed sites. Ben & Jerry's has ten business days after receipt of a SEP from the developer to approve or disapprove each proposed site for each Scoop Shop. The developer must obtain written approval by Ben & Jerry's of each proposed site, which will be in the form of a Site Authorization Notice. The developer must execute a lease that complies with the requirements set forth below, or a binding agreement to purchase each site within thirty days of approval of each site by Ben & Jerry's. Within seven days after executing a lease or a binding purchase agreement for each site, the developer must execute and deliver to Ben & Jerry's the Franchise Agreement that will be provided to the developer by Ben & Jerry's for execution, which will be the form of Franchise Agreement determined in accordance with Section 3.5 below.

Ben & Jerry's approval of a site does not constitute an assurance, representation, or warranty of any kind, express or implied, as to the suitability of the site for the Scoop Shop or for any other purpose. Approval by Ben & Jerry's of the site indicates only that Ben & Jerry's believes the site complies with acceptable minimum criteria established by Ben & Jerry's solely for its purposes as of the time of the evaluation. Both the developer and Ben & Jerry's acknowledge that the application of criteria that have been effective with respect to other sites and premises may not be predictive of potential for all sites and that, subsequent to approval by Ben & Jerry's of a site, demographic and/or economic factors, such as competition from other similar businesses, included in or excluded from criteria used by Ben & Jerry's could change, thereby altering the potential of a site. Such factors are unpredictable and are beyond the control of Ben & Jerry's. Ben & Jerry's is not responsible for the failure of a site approved by Ben & Jerry's to meet the developer's expectations as to revenue or operational criteria. The developer further acknowledges and agrees that its acceptance of a franchise for the operation of a Scoop Shop at the site is based on its own independent investigation of the suitability of the site.