How many business days does a Ben Jerrys operator have to respond to a 'Request for Notice'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.4.1 If BEN & JERRY'S desires the scooping of Products at an Off-Premises Activity in OPERATOR's Territory, BEN & JERRY'S shall send OPERATOR a "Request for Notice." If BEN & JERRY'S sends OPERATOR a Request for Notice and OPERATOR desires to scoop Products at such Off-Premises Activity, OPERATOR must send BEN & JERRY'S a signed "Notice of Intent to Scoop" within five (5) business days after receipt by OPERATOR of such Request for Notice and OPERATOR must submit to BEN & JERRY'S proof of authorization to scoop Products at such Off-Premises Activity in accordance with the Manual or other writing.
If OPERATOR does not send BEN & JERRY'S a signed Notice of Intent to Scoop within five (5) business days after the date of receipt by OPERATOR of the Request for Notice or if OPERATOR does not submit proof of authorization to scoop at such Off-Premises Activity in accordance with the Manual or other writing, OPERATOR shall be deemed to have waived OPERATOR's right to scoop Products at such Off-Premises Activity.
If OPERATOR waives the right to scoop Products at any Off-Premises Activity, BEN & JERRY'S may sell scooped or other Products, or may grant another operator the right to sell scooped or other Products, at such Off-Premises Activity. (The requirement in this Section 7.4.1 that BEN & JERRY'S provide a "Request for Notice" only applies if BEN & JERRY'S desires, either itself or through others, to sell scooped Products at an Off-Premises Activity within the Territory; this requirement does not apply to the sale of non-scooped Products, which BEN & JERRY'S has the right to do within or outside of the Territory pursuant to Section 1.4.6)
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, if Ben & Jerry's desires the scooping of products at an off-premises activity within an operator's territory, they will send the operator a 'Request for Notice'. If the operator wants to scoop products at the off-premises activity, the operator must send Ben & Jerry's a signed 'Notice of Intent to Scoop' within five business days after receiving the request.
In addition to sending the notice within the specified timeframe, the Ben Jerrys operator must also submit proof of authorization to scoop products at the off-premises activity, following the guidelines in the manual or other written communication. Failure to send the signed notice of intent to scoop or provide proof of authorization within the five-business-day period means the operator waives their right to scoop products at that particular off-premises activity.
If the Ben Jerrys operator waives their right to scoop products at the off-premises activity, Ben & Jerry's has the option to sell scooped or other products themselves or grant another operator the right to do so at the event. This condition only applies if Ben & Jerry's wants to sell scooped products at an off-premises activity within the territory. It does not apply to the sale of non-scooped products, which Ben & Jerry's can sell within or outside the territory.