Can a Ben Jerrys operator provide Off-Premises Activities at the Authorized Warehouse?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
The Authorized Warehouse shall not be used for the preparation of any Products, shall not make use of signage on the exterior of the premises (except for such identifying information necessary for deliveries), provide Off-Premises Activities [and/or Mobile Vending] at or within the Authorized Warehouse or otherwise serve or sell Products or products directly to any customer at or within the Authorized Warehouse. [OPERATOR/The Catering Entity] shall also refrain from using or permitting the use of the Authorized Warehouse for any unauthorized or unlawful purpose; and shall refrain from using or permitting the use of the Authorized Warehouse for any purpose or activity other than those specifically listed in this Section 7.2 at any time without first obtaining the written consent of BEN & JERRY'S.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Ben & Jerry's operator cannot conduct Off-Premises Activities at or within the Authorized Warehouse. The Authorized Warehouse is specifically restricted from being used to provide Off-Premises Activities or for directly serving or selling products to customers.
The document specifies that the Authorized Warehouse is intended for purposes such as product warehousing, storage of catering supplies, general storage, office space, and parking for carts and trucks. Any other uses must be explicitly approved by Ben & Jerry's in writing.
If a Ben Jerrys operator wishes to sell or scoop products at an Off-Premises Activity outside their territory, they must submit a written request to Ben & Jerry's for prior approval, which Ben & Jerry's has the right to grant or deny. Permission, if granted, may be subject to specific requirements and can be revoked with thirty days' notice. The operator must devote full time and best efforts to the management and operation of the Scoop Shop and the Authorized Warehouse, with a minimum of 40 hours per week.