factual

What is the Ben Jerrys operator required to comply with in addition to the operation standards and the Manual?

Ben_Jerrys Franchise · 2025 FDD

Answer from 2025 FDD Document

s, and the computer systems of third parties; and (c) any and all consequences that may arise if OPERATOR's Computer System is not properly operated, maintained or upgraded;

  • 7.11.4 BEN & JERRY'S may from time to time develop or authorize others to develop software programs for use in the System, which OPERATOR may be required to purchase and/or license, and use without individual modification or customization, in connection with the Scoop Shop and for which OPERATOR may be required to execute a license, sublicense, or maintenance agreement with BEN & JERRY'S or an approved vendor; and

  • 7.11.5 OPERATOR shall abide by all applicable laws pertaining to the privacy of consumer, employee, and transactional information ("Privacy Laws"). OPERATOR shall comply with BEN & JERRY'S standards and policies pertaining to privacy information. If there is a conflict between BEN & JERRY'S such standards and policies and the Privacy Laws, OPERATOR shall: (a) comply with the requirements of the Privacy Laws; (b) immediately give BEN & JERRY'S written notice of said conflict; and (c) promptly and fully cooperate with BEN & JERRY'S and its counsel in determining the most effective way, if any, to meet BEN & JERRY'S standards and policies pertaining to privacy information. OPERATOR agrees not to publish, disseminate, implement, revise or rescind a data privacy policy without BEN & JERRY'S prior written consent.

  • 7.11.6 OPERATOR shall comply with the standards and procedures developed by BEN & JERRY'S for the System, in the manner directed by BEN & JERRY'S in the Manual or otherwise in writing, with regard to OPERATOR's authorization to use, and use of, blogs, common social networks (such as "Facebook" and "Myspace"), professional networks (such as "Linked-In"), live blogging tools (such as "Twitter"), virtual worlds, file, audio and video sharing sites and other similar social networking media or tools ("Social Media") that in any way references the Proprietary Marks or involves the System or the Scoop Shop.

  • 7.11.7 OPERATOR agrees to maintain, at all times, credit card relationships with the credit and debit card issuers or sponsors, check or credit verification services, financialcenter services, merchant service providers, and electronic fund transfer systems (together, "Credit Card Vendors") that BEN & JERRY'S may periodically designate in the Manual or otherwise in writing. The term "Credit Card Vendors" includes, among other things, companies that provide services for electronic payment, such as near-field communication vendors (for example, "Apple Pay" and "Google Wallet"). OPERATOR agrees not to use any Credit Card Vendor for which BEN & JERRY'S has not given OPERATOR prior written approval, or as to which BEN & JERRY'S has revoked an earlier approval. BEN & JERRY'S has the right to modify the requirements for Credit Card Vendors and to designate additional approved or required methods of payment and vendors for processing such payments, and to revoke the approval of any service provider.

  • 7.11.8 OPERATOR agrees to comply with such directives related to OPERATOR's compliance with the applicable industry regulations and/or guidelines related to the processing of credit/debit cards promulgated by the card issuers (e.g., Cardholder Information Security Program ("CISP") promulgated by Visa®)) and/or service companies/organizations, such as the Payment Card Industry ("PCI") Data Security Standards, as those standards may be revised and modified by the PCI Security Standards Council, LLC (see www.pcisecuritystandards.org), or any successor organization or standards that BEN & JERRY'S may reasonably specify in the Manual or otherwise in writing. Among other things, OPERATOR agrees to implement the enhancements, security requirements, and other standards that CISP, PCI Security Standards Council, LLC or their equivalent (or their successors) requires of a merchant that accepts payment by credit and/or debit cards.

  • 7.11.9 BEN & JERRY'S and OPERATOR agree that changes to technology are dynamic and are not predictable within the term of this Agreement. In order to provide for inevitable but unpredictable changes to technological needs and opportunities, OPERATOR agrees that BEN & JERRY'S may establish from time to time in the Manual or otherwise in writing reasonable new standards for the implementation of technology in the System. OPERATOR agrees to comply with any reasonable new standards for technology and to pay a reasonable technology or other licensing fee to BEN & JERRY'S to cover the costs for the same.

  • 7.12 At the time the Scoop Shop opens, OPERATOR shall stock and display the initial inventory of Products and supplies prescribed by BEN & JERRY'S in the Manual or otherwise in writing. Thereafter, OPERATOR shall stock and maintain all types of approved Products in quantities sufficient to meet reasonably anticipated customer demand.

  • 7.13 OPERATOR shall permit BEN & JERRY'S and its agents, and BEN & JERRY'S and its agents shall have the right, to enter upon the Premises, with or without notice to OPERATOR at any time during normal business hours for the purpose of conducting inspections of the Premises, books, records and/or accounts of OPERATOR; shall cooperate with representatives of BEN & JERRY'S in such inspections by rendering such assistance as they may reasonably request; and, upon notice from BEN & JERRY'S or its agents, and without limiting other rights of BEN & JERRY'S under this Agreement, shall take such steps as may be necessary to correct immediately any deficiencies detected during any such inspection. During the course of any such inspection, BEN & JERRY'S may photograph or videotape any part of the Scoop Shop, whether or not OPERATOR is present.

Source: Item 22 — CONTRACTS (FDD pages 133–134)

What This Means (2025 FDD)

According to Ben Jerrys's 2025 Franchise Disclosure Document, operators must comply with several requirements beyond the brand's operational standards and the manual. These include abiding by all applicable privacy laws related to consumer, employee, and transactional information, as well as Ben Jerrys's standards and policies on privacy. If there is a conflict between these, the operator must adhere to privacy laws, notify Ben Jerrys in writing, and cooperate to find a solution that meets Ben Jerrys's standards. Operators also cannot publish or change a data privacy policy without prior written consent from Ben Jerrys.

Furthermore, Ben Jerrys operators must adhere to the brand's standards for using social media that references the trademarks, the Ben Jerrys system, or the Scoop Shop. They must also maintain relationships with credit and debit card issuers, verification services, and electronic fund transfer systems that Ben Jerrys designates. Operators need to comply with directives related to industry regulations for processing credit/debit cards, such as the Cardholder Information Security Program (CISP) and Payment Card Industry (PCI) Data Security Standards. This includes implementing security requirements required by CISP, PCI Security Standards Council, or their successors for merchants accepting credit/debit cards.

Ben Jerrys may also establish new technology standards in the manual or in writing, and operators must comply with these and pay reasonable technology or licensing fees to cover the costs. Operators are also required to participate in promotional programs developed by Ben Jerrys and sell gift cards and loyalty cards in the standard form designated by Ben Jerrys, honoring all such cards regardless of who issued them. They must also maintain the premises in excellent condition, making necessary repairs and replacements as directed by Ben Jerrys, and any modifications to the Scoop Shop must be approved by Ben Jerrys.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.