What is the maximum number of SEPs that Ben Jerrys can require a DEVELOPER to submit simultaneously?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.2 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 submit site evaluation packages (SEPs) for multiple potential locations at the same time. Ben & Jerry's has the right to ask a DEVELOPER to simultaneously submit SEPs for up to three proposed sites.
This means that a prospective Ben Jerrys franchisee acting as a DEVELOPER needs to be prepared to evaluate multiple locations and compile the required documentation for each. This could involve significant upfront work and expense, as each SEP must include preliminary designs, demographic data, and cost factors. The franchisee bears the responsibility for gathering and presenting this information for each site.
Ben & Jerry's then has ten business days to approve or disapprove each proposed site after receiving the SEP. The DEVELOPER must obtain written approval in the form of a Site Authorization Notice before proceeding. After approval, the DEVELOPER has 30 days to execute a lease or binding agreement to purchase the site and seven days after that to execute and deliver the Franchise Agreement.
This simultaneous submission requirement underscores the importance of thorough site selection and preparation. A DEVELOPER should carefully consider their resources and capacity to handle multiple site evaluations concurrently to avoid delays or potential disapproval by Ben & Jerry's. Failing to meet these obligations could impact the Development Schedule and the overall timeline for opening new Scoop Shops.