What is the Ben Jerrys operator prohibited from doing regarding the use of the premises?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
rators in order to develop and maintain high operating, quality and service standards, to increase the demand for the Products sold by all operators, to protect Scoop Shops operating under the System, and to protect the brand, reputation and goodwill of BEN & JERRY'S. OPERATOR shall operate the Scoop Shop in strict conformity with such standards and specifications as BEN & JERRY'S may from time to time prescribe in the Manual or otherwise in writing, and shall refrain from deviating from such standards, specifications, and procedures without the prior written consent of BEN & JERRY'S.
- 7.2 OPERATOR shall use the Premises solely for the operation of the Scoop Shop in accordance with this Agreement; shall keep the Scoop Shop open and in normal operation for such minimum hours and days as are required by OPERATOR'S lease (or, in the event the
OPERATOR'S lease does not designate minimum hours and days, such minimum hours and days as BEN & JERRY'S may specify in the Manual or otherwise in writing); shall refrain from using or permitting the use of the Premises for any unauthorized or unlawful purpose;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the operator must use the premises solely for the operation of the Scoop Shop. The operator must keep the Scoop Shop open during the minimum hours and days specified in their lease or as Ben & Jerry's specifies in writing if the lease does not designate minimum hours. The operator is prohibited from using or permitting the use of the premises for any unauthorized or unlawful purpose.
Specifically, the Ben Jerrys operator cannot use or permit the use of the premises for any purpose or activity at any time without first obtaining written consent from Ben & Jerry's. This requirement ensures that the premises are used in a manner consistent with the Ben Jerrys brand and standards.
Furthermore, the Ben Jerrys operator shall not install or permit the installation of any vending machine, game, or coin, card, or electronic operated device, automated teller machine, computer for public use, televisions, video monitors, or other device for customer use, unless specifically approved in writing, in advance, by Ben & Jerry's. This restriction helps maintain the intended atmosphere and offerings of the Scoop Shop, preventing unauthorized additions that could detract from the customer experience or brand image.