How many proposed sites can Ben Jerrys require a DEVELOPER to submit SEPs for simultaneously?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
DEVELOPER agrees to locate and submit specific sites for Scoop Shops. DEVELOPER shall submit to BEN & JERRY'S a site evaluation package ("SEP"), in a form prescribed by BEN & JERRY'S, identifying each proposed site and describing the preliminary design, relevant demographic and cost factors concerning each site. BEN & JERRY'S shall have the right to require that DEVELOPER simultaneously submit SEPs for up to three (3) proposed sites. BEN & JERRY'S shall have ten (10) business days after receipt of a SEP from DEVELOPER to approve or disapprove each proposed site for each Scoop Shop. DEVELOPER must obtain written approval by BEN & JERRY'S of each proposed site, which will be in the form of a "Site Authorization Notice." DEVELOPER shall execute a lease that complies with the requirements set forth below, or a binding agreement to purchase each site within thirty (30) days of approval of each site by BEN & JERRY'S. Within seven (7) days after executing a lease or a binding purchase agreement for each site, DEVELOPER shall execute and deliver to BEN & JERRY'S the Franchise Agreement that shall be provided to DEVELOPER by BEN & JERRY'S for execution, which shall be the form of Franchise Agreement determined in accordance with Section 3.5 below.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a DEVELOPER may be required to simultaneously submit site evaluation packages (SEPs) for up to three proposed sites. This requirement is part of the process where the DEVELOPER locates and proposes sites for Ben Jerrys Scoop Shops.
This means that a prospective Ben Jerrys franchisee acting as a DEVELOPER needs to be prepared to evaluate multiple potential locations concurrently. They must gather the necessary information for each site, including preliminary designs, demographic data, and cost factors, and compile it into a SEP for Ben Jerrys's review. Ben Jerrys then has ten business days to approve or disapprove each proposed site.
This simultaneous submission requirement could potentially increase the initial workload and expenses for the DEVELOPER, as they would need to allocate resources to assess multiple sites at once. However, it could also expedite the site selection process, as Ben Jerrys can review and provide feedback on several options in parallel. The DEVELOPER must obtain written approval from Ben Jerrys for each site before executing a lease or purchase agreement.
It is important for prospective Ben Jerrys DEVELOPERS to understand this requirement and factor it into their planning and budget. They should also inquire about the specific criteria Ben Jerrys uses to evaluate sites and the level of support provided during the site selection process.