How many additional consecutive terms can a Ben Jerrys operator apply for?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
2.2 OPERATOR may apply to operate a Scoop Shop for one (1) additional consecutive term of ten (10) years if the following conditions are met prior to renewal:
2.2.1 OPERATOR shall give BEN & JERRY'S written notice of OPERATOR's election to renew at least nine (9) months, but not more than twelve (12) months, prior to the end of the term of this Agreement;
2.2.2 OPERATOR shall not have any past due monetary obligations or other outstanding obligations to BEN & JERRY'S and its affiliates, the approved suppliers of the System, or the lessor of the Premises;
2.2.3 OPERATOR shall not be in default of any provision of this Agreement, or successor hereto, or any other agreement between OPERATOR and BEN & JERRY'S or its affiliates, the approved suppliers of the System, or the lessor of the Premises; and OPERATOR shall have substantially complied with all the terms and conditions of such agreements during the terms thereof;
2.2.4 OPERATOR, any owner with a beneficial interest in OPERATOR (an "Owner") as listed in Exhibit C to this Agreement, and any franchisee, operator, licensee or developer of BEN & JERRY'S in which OPERATOR and/or any Owner has a beneficial interest, shall execute a general release, in a form prescribed by BEN & JERRY'S, of any and all claims against BEN & JERRY'S and its affiliates, and their respective officers, directors, agents, and employees;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Ben & Jerry's operator can apply for one additional consecutive term. This additional term is for ten years, provided certain conditions are met before the renewal.
These conditions include providing Ben Jerrys with written notice of the operator's intent to renew at least nine months, but not more than twelve months, before the current agreement expires. The operator must also have no outstanding monetary or other obligations to Ben Jerrys, its affiliates, approved suppliers, or the lessor of the premises.
Furthermore, the operator must not be in default of any provision of the Franchise Agreement or any other agreement with Ben Jerrys, its affiliates, approved suppliers, or the lessor of the premises, and must have substantially complied with all terms and conditions of such agreements. Finally, the operator, any owner with a beneficial interest, and any franchisee, operator, licensee, or developer of Ben Jerrys in which the operator or any owner has a beneficial interest must execute a general release of all claims against Ben Jerrys and its affiliates.