Is an operator permitted to sub-license or delegate their Ben Jerrys franchise?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum is not assignable or transferable by OPERATOR, except with the prior written approval of BEN & JERRY'S as part of a simultaneous transfer of all interests in and to the Franchise Agreement and the Scoop Shop conducted in accordance with the Franchise Agreement. No sub-license or other delegation is permitted by OPERATOR.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, operators are not permitted to sub-license or delegate their franchise. The FDD states explicitly that "No sub-license or other delegation is permitted by OPERATOR."
This restriction means a Ben Jerrys franchisee must personally manage and control the operations of their Scoop Shop. They cannot transfer the responsibility to another party through a sub-license or delegation agreement. This ensures that the franchisee remains actively involved in maintaining the standards and quality associated with the Ben Jerrys brand.
The only exception to this rule is if the operator seeks to transfer all interests in the Franchise Agreement and Scoop Shop, and even then, it requires prior written approval from Ben & Jerry's. This ensures Ben & Jerry's maintains control over who operates their franchises and protects the brand's reputation.