What is the meaning of 'SEP' in the context of site evaluation packages submitted to Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
nt to DEVELOPER any right to use the Proprietary Marks or the System or to sell or distribute any Products.
- 1.5 DEVELOPER shall have no right under this Agreement to franchise others to use the Proprietary Marks or the System, or to sell, assign or otherwise transfer any portion of DEVELOPER's interest in the Development Area or its development rights under this Agreement.
2. TERM
Unless sooner terminated in accordance with the provisions of this Agreement, this Agreement shall commence on the date hereof and shall expire on the date upon which DEVELOPER is required to enter into a Franchise Agreement for the final Scoop Shop to be developed and opened pursuant to this Agreement.
3. DEVELOPMENT OBLIGATIONS
- 3.1 Recognizing that time is of the essence, DEVELOPER shall comply strictly with the Development Schedule. DEVELOPER acknowledges and agrees that the Development Schedule requires that DEVELOPER have executed and delivered Franchise Agreements for a cumulative number of Scoop Shops and opened a cumulative number of Scoop Shops within the time periods specified.
- 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.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, "SEP" stands for "site evaluation package." This package is a collection of documents and information that a prospective franchisee or developer submits to Ben Jerrys for each proposed location. The SEP includes details about the site's preliminary design, relevant demographic data, and cost factors. Ben Jerrys uses the SEP to evaluate and either approve or disapprove the proposed site for a new Scoop Shop. Ben Jerrys has the right to ask for up to three SEPs simultaneously.
After Ben Jerrys receives the SEP, they have ten business days to review and make a decision. If Ben Jerrys approves the site, they will issue a "Site Authorization Notice," which allows the franchisee to proceed with securing the location through a lease or purchase agreement. The franchisee must then execute a lease or purchase agreement within thirty days of the site approval.
Ben Jerrys may also conduct an on-site evaluation after reviewing the SEP. However, Ben Jerrys is not obligated to conduct an on-site evaluation prior to receiving the SEP. If a scheduled on-site evaluation cannot be completed due to the franchisee's actions or inactions, the franchisee may be responsible for reimbursing Ben Jerrys for reasonable expenses, including travel, lodging, wages, and meals.