Does the Ben Jerrys manual include a section on 'Sampling'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Such Off-Premises Activities [and/or Mobile Vending] must be conducted in accordance with the terms and conditions stated in this Agreement, in BEN & JERRY'S Confidential Operating Manual (the "Manual"), which is more fully described in Section 9 hereof, or otherwise by BEN & JERRY'S in writing.
Section 7.4.2 of the Franchise Agreement shall be deleted and shall be replaced by the following Section 7.4.2:
- 7.4.2 If [OPERATOR/the Catering Entity] desires to sell or scoop Products at an Off-Premises Activity [or through Mobile Vending] located outside the Territory of OPERATOR, [OPERATOR/the Catering Entity] must submit a written request to BEN & JERRY'S in accordance with the Manual or other writing, for the prior approval of BEN & JERRY'S.
The Authorized Warehouse shall be used specifically only for the following purposes: warehouse for Products and other products, storage of catering supplies, general storage space, office space, parking for carts and truck(s), and such other uses as BEN & JERRY'S may specify in the Manual, or otherwise approve in writing.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
Based on the 2025 Ben Jerrys Franchise Disclosure Document, the manual is referenced in relation to off-premises activities. Specifically, the FDD mentions that off-premises activities and mobile vending must be conducted according to the terms and conditions outlined in the franchise agreement, Ben & Jerry's Confidential Operating Manual (the "Manual"), or as otherwise directed by Ben & Jerry's in writing.
Additionally, if a Ben Jerrys operator or catering entity wants to sell or scoop products at an off-premises activity or through mobile vending outside of their territory, they must submit a written request to Ben & Jerry's for prior approval, as detailed in the manual or other writing. Ben & Jerry's has the right to grant or deny this permission. The authorized warehouse should be used for purposes that Ben & Jerry's may specify in the Manual, or otherwise approve in writing.
While the excerpts mention the manual's role in governing off-premises activities, mobile vending, and warehouse usage, it does not explicitly confirm whether the Ben Jerrys manual includes a specific section on 'Sampling'. A prospective franchisee should confirm with the franchisor whether the manual contains a section on sampling.