Where can a Ben Jerrys operator find the specific terms and conditions for On-Demand Sales?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
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 On-Demand Sales can be found in multiple places. Specifically, Item 22 of the franchise agreement indicates that these terms are detailed within the agreement itself, in Ben & Jerry's Confidential Operating Manual (the "Manual"), and potentially in other written communications from Ben & Jerry's.
This means that a Ben Jerrys franchisee needs to consult several documents to fully understand their rights and obligations regarding On-Demand Sales. The franchise agreement establishes the basic right to engage in On-Demand Sales within the designated territory. The Manual provides more specific guidelines and requirements, which could include details about insurance coverage, event sizes, duration, and vehicle use. Furthermore, Ben & Jerry's may issue additional written directives that further clarify or modify these terms.
For a prospective franchisee, this highlights the importance of carefully reviewing all these documents during the due diligence process. It's crucial to understand not only the initial terms but also the franchisor's right to modify these terms over time through updates to the Manual or other written notices. Franchisees should also maintain organized records of all communications from Ben & Jerry's to ensure compliance with the latest requirements for On-Demand Sales.