Where can a Ben Jerrys operator find the specific terms and conditions for Off-Premises Activities?
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.
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 Off-Premises Activities can be found in multiple places. Section 1.2 of the Franchise Agreement outlines Ben & Jerry's right to grant operators the ability to participate in off-premises activities like scooping at events, catering, on-demand sales, and mobile vending. These activities must be approved by Ben & Jerry's and are subject to the terms stated in the Franchise Agreement and the Confidential Operating Manual.
Specifically, Section 7.3 details that operators may engage in Off-Premises Activities, On-Demand Sales, and Mobile Vending within their territory, but only if they adhere to the terms and conditions outlined in the Franchise Agreement, the Manual, or as otherwise provided by Ben & Jerry's in writing. The manual includes guidelines and requirements relating to insurance coverage, event size, event duration, and vehicle use.
Furthermore, Section 7.4 addresses procedures for Off-Premises Activities, On-Demand Sales, and Mobile Vending both within and outside the operator's territory, including the process for Ben & Jerry's to send a "Request for Notice" and the operator's requirement to respond with a "Notice of Intent to Scoop." If an operator wants to conduct these activities outside their territory, they must submit a written request to Ben & Jerry's for prior approval, as detailed in the Manual or other written communication.