Is Ben Jerrys obligated to conduct on-site evaluations for proposed sites?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.1 BEN & JERRY'S shall furnish to DEVELOPER the following:
- 5.1.1 Such limited site selection assistance as BEN & JERRY'S may deem advisable; and
- 5.1.2 Such on-site evaluation as BEN & JERRY'S deems advisable following its review of the SEP as part of its evaluation of DEVELOPER'S request for site approval. BEN & JERRY'S shall not be obligated to conduct on-site evaluation and shall not provide on-site evaluation for any proposed site prior to BEN & JERRY'S receipt of the SEP and all
required information and materials. If on-site evaluation is deemed appropriate by BEN & JERRY'S, BEN & JERRY'S shall conduct on-site evaluations at no charge to DEVELOPER, provided, however, if BEN & JERRY'S is unable to complete a scheduled on-site evaluation as the result of any action or inaction of DEVELOPER, DEVELOPER shall reimburse BEN & JERRY'S for BEN & JERRY'S reasonable expenses, including the costs of travel, lodging, wages, and meals.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's is not obligated to conduct on-site evaluations for proposed sites. Ben & Jerry's will provide limited site selection assistance as they deem advisable.
The FDD states that Ben & Jerry's will provide on-site evaluation as it deems advisable following its review of the site evaluation package (SEP) as part of its evaluation of the Developer's request for site approval. Ben & Jerry's is not obligated to conduct on-site evaluation and will not provide on-site evaluation for any proposed site prior to Ben & Jerry's receipt of the SEP and all required information and materials.
If Ben & Jerry's deems an on-site evaluation appropriate, it will conduct the evaluation at no charge to the Developer. However, if Ben & Jerry's is unable to complete a scheduled on-site evaluation due to any action or inaction of the Developer, the Developer will reimburse Ben & Jerry's for its reasonable expenses, including the costs of travel, lodging, wages, and meals.