Does the Ben Jerrys manual include a 'Best Practices Form'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
operation of the Scoop Shop, at the lesser of OPERATOR's cost or fair market value. The cost for such items shall be determined based upon a five (5) year straight-line depreciation of original costs. For equipment that is five (5) or more years old, the parties agree that fair market value shall be deemed to be ten percent (10%) of the equipment's original cost. If BEN & JERRY'S elects to exercise any option to purchase herein provided, it shall have the right to set off all amounts due from OPERATOR.
- 16.9 OPERATOR (and Owners) shall comply with the covenants contained in Section 17 of this Agreement.
17. COVENANTS
- 17.1 OPERATOR covenants that, during the term of this Agreement, except as otherwise approved in writing by BEN & JERRY'S, OPERATOR (or, if OPERATOR is other than an individual, an Owner) shall devote full time and best efforts to the management and operation of the Scoop Shop. "Full time and best efforts" shall be as set forth by BEN & JERRY'S in the Manual or otherwise in writing, and shall constitute a minimum of 40 hours per week with certain additional availability to attend to issues that OPERATOR determines need to be attended to outside of normal business hours. OPERATOR will devote full time and best efforts to the management and operation of the business and must be present at the Scoop Shop for such minimum hours of each day as required by OPERATOR'S lease (or, in the event OPERATOR'S lease does not designate minimum days and hours, such minimum days and hours as BEN & JERRY'S may specify in the Manual or otherwise in writing) and also be directly responsible for (i) marketing the Scoop Shop; (ii) customer service and customer relations; (iii) complying with the operation standards, the Manual and other directives in writing; and (iv) management of the staff. OPERATOR acknowledges and agrees that the success of the Scoop Shop and the System is dependent upon the marketing, solicitation, and sale of the Products under the System.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
I am unable to confirm whether Ben Jerrys' 2025 Franchise Disclosure Document includes a 'Best Practices Form' within its manual. While the document mentions the manual and its importance, it does not specifically reference the existence or contents of a 'Best Practices Form.'
However, the FDD does state that the Ben & Jerry's manual contains operation standards and other directives in writing. It also mentions that prospective operators must submit a site evaluation package (SEP) in a form prescribed by Ben & Jerry's. This suggests that Ben & Jerry's provides franchisees with specific guidelines and forms for various aspects of the business.
To determine whether a 'Best Practices Form' is included in the Ben Jerrys manual, it is recommended that a prospective franchisee directly ask the franchisor for clarification. Specifically, they should inquire about the existence of such a form and its purpose within the operational framework of a Ben Jerrys franchise.