How must the Ben Jerrys operator present themselves to the public during the term of the franchise agreement?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 20.2 During the term of this Agreement, OPERATOR shall hold itself out to the public as an independent contractor operating the Scoop Shop pursuant to a franchise agreement from BEN & JERRY'S.
OPERATOR agrees to take such action as may be necessary to do so, including exhibiting notices of that fact in conspicuous places at the Premises, the content of which BEN & JERRY'S reserves the right to specify.
In all public records, in relationships with other persons, and on letterhead and business forms, OPERATOR must indicate independent ownership of the Scoop Shop and that OPERATOR is solely a franchisee of BEN & JERRY'S.
In addition, on any and all payroll and other employment-related documentation, including on employees' paychecks, OPERATOR must use its legal entity's identifying information (including the legal entity's name and address), and such documentation shall not include any Proprietary Mark or identifying information 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, during the term of the franchise agreement, the operator must present themselves to the public as an independent contractor who is operating the Scoop Shop under a franchise agreement with Ben & Jerrys. The operator is required to take necessary actions to ensure this representation is clear.
To ensure proper representation, the Ben & Jerrys operator must exhibit notices in conspicuous places at the premises, indicating their status as an independent franchisee. Ben & Jerrys retains the right to specify the content of these notices. This requirement aims to prevent any misrepresentation that could imply the Scoop Shop is directly operated by Ben & Jerrys itself.
Furthermore, in all public records, relationships with other entities, and on letterheads and business forms, the Ben & Jerrys operator must clearly state their independent ownership of the Scoop Shop and their status as a franchisee of Ben & Jerrys. This extends to payroll and other employment-related documentation, where the operator must use their legal entity's identifying information, ensuring no Ben & Jerrys proprietary marks or identifying information are included. These measures are in place to maintain a clear distinction between the franchisee's independent business and the Ben & Jerrys brand.