Is a Ben Jerrys operator allowed to use the premises for unauthorized purposes?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.2 OPERATOR shall use the Premises solely for the operation of the Scoop Shop in accordance with this Agreement; shall keep the Scoop Shop open and in normal operation for such minimum hours and days as are required by OPERATOR'S lease (or, in the event the
OPERATOR'S lease does not designate minimum hours and days, such minimum hours and days as BEN & JERRY'S may specify in the Manual or otherwise in writing); shall refrain from using or permitting the use of the Premises for any unauthorized or unlawful purpose; and shall refrain from using or permitting the use of the Premises for any purpose or activity at any time without first obtaining the written consent of BEN & JERRY'S.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Ben & Jerry's operator is explicitly prohibited from using the premises for any unauthorized or unlawful purpose. Section 7.2 of the agreement states that the operator must use the premises solely for operating the Scoop Shop in accordance with the franchise agreement.
Specifically, the franchisee must keep the Scoop Shop open during the minimum hours and days specified in their lease or as otherwise directed by Ben Jerrys. The franchisee needs to obtain written consent from Ben Jerrys before using the premises for any purpose or activity outside of the standard Scoop Shop operation.
This restriction ensures that the Ben Jerrys brand is protected and that the premises are used in a manner consistent with the company's standards and reputation. It also allows Ben Jerrys to maintain control over the activities conducted at the franchise location, ensuring quality and consistency across all its outlets.