How many potential sites may Ben Jerrys require a franchisee to submit for review at the same time?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
You must submit at least one potential site for your Shop. Depending on factors such as the availability of real estate and leasing requirements, we may require that you submit up to three potential sites for our review at the same time. A site evaluation package (the "SEP"), in a form prescribed by us, must be submitted with all requests for us to evaluate a site. We will have ten business days after we receive the complete SEP and materials from you to disapprove or authorize you to proceed forward, in our sole discretion, with the proposed site for the Shop. You must obtain our written authorization of the proposed site, including basic footprint review, before executing a lease or a binding agreement to purchase the proposed site. In evaluating potential sites, you may (but are not required to) use suppliers that we have approved for site consulting services. You must submit to us evidence that the lease or sublease will contain such terms and conditions for leasing or subleasing as are described in Item 8 of this Disclosure Document. The Deposit Area identified in the Preliminary Agreement is not the Territory assigned to the Scoop Shop. The Territory will be determined after the site is authorized and will typically be a smaller area. As described in Items 1 and 12, Satellite Shops will not have their own Territory, and will often be within the Territory of the primary Scoop Shop.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 43–60)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees must submit at least one potential site for their shop. However, Ben Jerrys may require franchisees to submit up to three potential sites for review simultaneously, depending on factors such as real estate availability and leasing requirements.
After the franchisee submits a site evaluation package (SEP), Ben Jerrys has ten business days to either disapprove the site or authorize the franchisee to proceed. The franchisee must receive written authorization from Ben Jerrys, including a basic footprint review, before executing a lease or binding agreement to purchase the proposed site.
This requirement ensures that Ben Jerrys maintains control over site selection, which is crucial for brand consistency and market penetration. Requiring multiple site submissions allows Ben Jerrys to compare options and select the location that best fits its strategic objectives. For a prospective franchisee, this means being prepared to research and present multiple viable locations, which can add time and resources to the initial setup phase.