Where can a Ben Jerrys operator find the specific terms and conditions for Mobile Vending?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
gree that the term "Scoop Shop," as used in the Franchise Agreement and this Addendum, and as it relates to the franchised "Ben & Jerry's" Scoop Shop to be owned and operated by OPERATOR pursuant to the Franchise Agreement, shall incorporate the term "Satellite Shop" as that term is defined in Paragraph D of the Recitals of this Addendum.
-
- The parties acknowledge and agree that the rights granted to, and the obligations assumed by, OPERATOR under Section 1.1 of the Franchise Agreement to operate a "Scoop Shop" shall be for the operation of a Satellite Shop.
-
- Section 1.2 of the Franchise Agreement shall be deleted in its entirety and shall have no force or effect, and shall be replaced with the following:
- 1.2 BEN & JERRY'S may grant 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 Door Dash) to customers' homes, offices and other locations ("On-Demand Sales"), and the scooping of Products from a mobile scooping facility such as a truck of trailer ("Mobile Vending") with such Off-Premises Activity, On-Demand Sales and Mobile Vending to be approved by BEN & JERRY'S as described below in Section 7.3. All Off-Premises Activities, On-Demand Sales and Mobile Vending shall be subject to the terms 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.
-
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the terms and conditions for Mobile Vending can be found in several places. Specifically, Section 1.2 of the Franchise Agreement outlines Ben Jerrys's right to grant operators the ability to engage in Mobile Vending. The terms governing these activities are detailed within the Franchise Agreement itself, as well as in Ben Jerrys's Confidential Operating Manual (referred to as the "Manual"). These terms may also be communicated to the operator in writing by Ben Jerrys.
Section 7.3 further clarifies that Mobile Vending must comply with the conditions stated in the Franchise Agreement, the Manual, or as otherwise provided in writing by Ben Jerrys. The Manual includes guidelines and requirements related to insurance coverage, event size and duration, and vehicle use for Mobile Vending.
Additionally, if a Ben Jerrys operator wishes to conduct Mobile Vending outside their designated territory, Section 7.4.2 states that they must submit a written request to Ben Jerrys for prior approval, following the guidelines outlined in the Manual or other written communication. Therefore, a franchisee should consult the Franchise Agreement, the Manual, and any written communications from Ben Jerrys to understand the specific terms and conditions for Mobile Vending.