Where must Ben Jerrys Off-Premises Activities, On-Demand Sales and Mobile Vending be held?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
n this Agreement, and for other good and
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, agree as follows:
1. GRANT
- 1.1 BEN & JERRY'S grants to OPERATOR the right, and OPERATOR hereby undertakes the obligation, upon the terms and conditions set forth in this Agreement: (a) to establish and operate a Ben & Jerry's Shop that offers a full assortment of products designated by BEN & JERRY'S (the "Scoop Shop"), and (b) to use the Proprietary Marks and the System solely in connection therewith.
- 1.2 BEN & JERRY'S grants to OPERATOR the right, but not the obligation, to engage in off-premises activities, including scooping at festivals, fairs, concerts, sporting events and other events ("Special Events"), scooping at customers' homes, offices, celebrations and other locations ("Catering") (hereinafter, Special Events and Catering are collectively referred to as "Off-Premises Activities"), delivery by third parties (e.g., Uber Eats, GrubHub and DoorDash) to customers' homes, offices and other locations ("On-Demand Sales"), and the scooping of Products from a mobile scooping facility such as a truck or trailer ("Mobile Vending") provided that such Off-Premises Activities, On-Demand Sales and Mobile Vending are held within the Territory specified in Exhibit A, and are conducted in accordance with the terms and conditions stated in this Agreement and as may be set forth in BEN & JERRY'S Confidential Operating Manual (the "Manual"), which is more fully described in Section 9 hereof, or otherwise by BEN & JERRY'S in writing. All Off-Premises Activities, On-Demand Sales and Mobile Vending shall be subject to the terms of this Agreement.
- 1.3 OPERATOR shall operate the Scoop Shop only at the authorized location (the "Authorized Location") specified in Exhibit A. OPERATOR shall not relocate the Scoop Shop without the prior written approval of BEN & JERRY'S, which shall be subject to the terms of Section 7.26 below. Any authorizations furnished by BEN & JERRY'S pursuant to this Section 1.3 or assistance in selecting a location, shall be at the sole discretion of BEN & JERRY'S, and are not, and shall not be, a guarantee or assurance by BEN & JERRY'S that the Scoop Shop shall be profitable or successful. OPERATOR acknowledges and agrees that approval of OPERATOR's proposed location, under this Section 1.3 or pursuant to the Site Authorization Notice, does not constitute any assurance, representation, or warranty of BEN & JERRY'S of any kind, that OPERATOR's Scoop Shop at the Approved Location shall be profitable or successful.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees are generally allowed to conduct Off-Premises Activities, On-Demand Sales, and Mobile Vending within their designated territory, as specified in Exhibit A of the franchise agreement. These activities must also comply with the terms and conditions outlined in the agreement and Ben Jerrys's Confidential Operating Manual.
However, Ben Jerrys may approve these activities outside of the franchisee's territory. If a franchisee wishes to conduct these activities outside their territory, they must seek prior written approval from Ben Jerrys, according to the manual or other written communication. Ben Jerrys retains the right to revoke permission for these activities outside the territory if they grant another operator or developer rights to that territory.
It is important to note that Ben Jerrys has the right to modify the system and franchisees must comply with any new requirements, including offering new products or services. Franchisees are also obligated to purchase equipment, fixtures, furnishings, and products from suppliers designated or approved by Ben Jerrys.