Can the Ben Jerrys operator receive approval in writing to deviate from the full-time commitment?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.1 OPERATOR covenants that, during the term of this Agreement, except as otherwise approved in writing by BEN & JERRY'S, OPERATOR (or, if OPERATOR is other than an individual, an Owner) shall devote full time and best efforts to the management and operation of the Scoop Shop. "Full time and best efforts" shall be as set forth by BEN & JERRY'S in the Manual or otherwise in writing, and shall constitute a minimum of 40 hours per week with certain additional availability to attend to issues that OPERATOR determines need to be attended to outside of normal business hours. OPERATOR will devote full time and best efforts to the management and operation of the business and must be present at the Scoop Shop for such minimum hours of each day as required by OPERATOR'S lease (or, in the event OPERATOR'S lease does not designate minimum days and hours, such minimum days and hours as BEN & JERRY'S may specify in the Manual or otherwise in writing) and also be directly responsible for (i) marketing the Scoop Shop; (ii) customer service and customer relations; (iii) complying with the operation standards, the Manual and other directives in writing; and (iv) management of the staff. OPERATOR acknowledges and agrees that the success of the Scoop Shop and the System is dependent upon the marketing, solicitation, and sale of the Products under the System. To that end, OPERATOR shall use best efforts to: (1) maximize the sale of the Products in the Territory; (2) promote the Scoop Shop; and (3) implement recommendations from 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 agreement, the operator (or an owner, if the operator is not an individual) is expected to devote full time and best efforts to managing and operating the Scoop Shop. This commitment requires a minimum of 40 hours per week, with additional availability to address issues outside normal business hours. The operator must also be present at the Scoop Shop for the minimum hours required by their lease or as specified by Ben Jerrys in the manual or in writing.
These responsibilities include marketing the Scoop Shop, customer service, compliance with operational standards and directives, and staff management. The agreement emphasizes that the success of the Scoop Shop depends on the marketing, solicitation, and sale of products under the Ben Jerrys system.
However, Ben Jerrys may provide written approval to deviate from the full-time commitment. Any such exception must be explicitly approved in writing by Ben Jerrys, indicating that while the standard expectation is full-time involvement, there is a mechanism for requesting and potentially receiving an exemption.