What is a 'Notice of Intent to Scoop' for Ben Jerrys operators?
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' 2025 Franchise Disclosure Document, a 'Notice of Intent to Scoop' is a signed document that a Ben Jerrys operator must send to Ben Jerrys within five business days of receiving a 'Request for Notice' from Ben Jerrys. This notice indicates the operator's desire to scoop products at a specific off-premises activity within their territory. The operator must also provide proof of authorization to scoop products at the off-premises activity, as outlined in the Ben Jerrys manual or other written communication.
If the Ben Jerrys operator fails to send the signed 'Notice of Intent to Scoop' within the five-business-day timeframe or does not submit the required proof of authorization, they are considered to have waived their right to scoop products at that particular off-premises activity. This waiver allows Ben Jerrys to either sell scooped or other products themselves or grant another operator the right to do so at the event.
This process ensures that Ben Jerrys maintains control over who is scooping their products at off-premises events within a franchisee's territory. It also gives the local franchisee the first right of refusal for these opportunities. However, it's important to note that the 'Request for Notice' requirement only applies if Ben Jerrys intends to sell scooped products at the off-premises activity, either directly or through another party. The sale of non-scooped products is not subject to this requirement, and Ben Jerrys retains the right to sell these products within or outside the territory.
For a prospective Ben Jerrys franchisee, understanding this process is crucial for maximizing opportunities to participate in off-premises activities and generate additional revenue. Franchisees should be aware of the quick turnaround time required for responding to a 'Request for Notice' and ensure they have the necessary authorizations in place to avoid missing out on potential scooping events.