factual

With whom might the Ben Jerrys OPERATOR be required to execute a license or maintenance agreement for software?

Ben_Jerrys Franchise · 2025 FDD

Answer from 2025 FDD Document

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

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

What This Means (2025 FDD)

According to Ben Jerrys's 2025 Franchise Disclosure Document, a Ben & Jerry's OPERATOR may be required to execute a license, sublicense, or maintenance agreement with Ben & Jerry's or an approved vendor for software programs used in connection with the Scoop Shop. This software is part of the broader 'System' that Ben & Jerry's utilizes.

This requirement means that franchisees might need to enter into legal agreements with either Ben & Jerry's directly or with third-party vendors that Ben & Jerry's has approved. These agreements would cover the terms of use, licensing, and maintenance of the software necessary to operate the Ben & Jerry's Scoop Shop. The franchisee may not be allowed to modify or customize the software.

For a prospective franchisee, this indicates that there will be ongoing costs associated with software, including potential licensing fees and maintenance expenses. It also highlights the importance of understanding the terms of these agreements to ensure compliance and avoid any disruptions to the Scoop Shop's operations. Franchisees should clarify with Ben & Jerry's which specific software programs are required, who the approved vendors are, and what the estimated costs will be for licensing and maintenance.

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.