Can a Ben Jerrys operator relocate the authorized warehouse without approval?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.3.2 **[**OPERATOR/The Catering Entity] shall conduct all Off-Premises Activities [and/or Mobile Vending] solely from the authorized Warehouse (the "Authorized Warehouse") specified in Exhibit A to the Warehouse Addendum. **[**OPERATOR/The Catering Entity] shall not relocate the Authorized Warehouse without the prior written approval of BEN & JERRY'S, which approval shall be subject to the terms of Section 7.26
below. Any authorizations furnished by BEN & JERRY'S pursuant to this Section 1.3 shall be at the sole discretion of BEN & JERRY'S, and are not, and shall not be, a guarantee or assurance by BEN & JERRY'S that Off-Premises Activities [and/or Mobile Vending] operated from the Authorized Warehouse be profitable or successful. [OPERATOR/The Catering Entity] acknowledges and agrees that approval of the Authorized Warehouse's proposed location under this Section 1.3 does not constitute any assurance, representation, or warranty of BEN & JERRY'S of any kind, that the OPERATOR'S Off-Premises Activities [and/or Mobile Vending] shall be profitable or successful.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, an operator or catering entity cannot relocate the authorized warehouse without prior written approval from Ben & Jerrys. This approval is subject to the terms outlined in Section 7.26 of the franchise agreement.
Ben & Jerrys maintains sole discretion regarding authorizations, and any approval does not guarantee the profitability or success of off-premises activities or mobile vending operated from the authorized warehouse. The operator acknowledges that the approval of the warehouse location does not constitute any assurance, representation, or warranty from Ben & Jerrys regarding the profitability or success of these activities.
This requirement ensures that Ben & Jerrys maintains control over the locations from which its products are distributed and sold, even outside of the traditional scoop shop setting. For a prospective franchisee, this means that any decision to move the authorized warehouse must be carefully considered and planned in advance, with the understanding that Ben & Jerrys's approval is not guaranteed.