What is a Ben Jerrys operator required to purchase and install for their location?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
RY'S in accordance with the Manual or other writing, for the prior approval of BEN & JERRY'S. In the event that BEN & JERRY'S grants permission (which Ben & Jerry's has the absolute right to grant or deny) for an OPERATOR to sell Products (whether scooped and/or other Products) at an Off-Premises Activity or through On-Demand Sales or Mobile Vending located outside the Territory, such permission shall be revoked if and when BEN & JERRY'S grants to another operator or developer rights to a territory in which such Off-Premises Activity, On-Demand Sales or Mobile Vending is taking place.
- 7.5 OPERATOR shall purchase and install all fixtures, furnishings, equipment, decor, and signs (including menu board systems) and maintain sufficient supplies (including environmentally-friendly cleaning supplies) and materials, as BEN & JERRY'S may prescribe in the Manual or otherwise in writing. OPERATOR shall refrain from deviating therefrom by the use of any non-approved item without the prior written consent of BEN & JERRY'S. OPERATOR further acknowledges and agrees that:
- 7.5.1 In the event any refurbishment or replacement (whether pursuant to this Section 7.5, or to Sections 2.2.7, 7.16, or 14.3.6) results in the discontinuance of any fixtures, furnishings, equipment, decor, and signs (including menu board systems) which bear the Proprietary Marks or which BEN & JERRY'S otherwise deems to be proprietary to the System, OPERATOR shall deliver to BEN & JERRY'S, without charge, all such items; and
- 7.5.2 In no way limiting Section 7.5 above, OPERATOR shall not install or permit to be installed any vending machine, game, or coin, card, or electronic operated device, automated teller machine, computer for public use, televisions, video monitors, or other device for customer use, unless specifically approved in writing, in advance, by BEN & JERRY'S.
- 7.6 To maintain the high standards of quality and uniformity associated with the System, OPERATOR shall offer and sell only Products that BEN & JERRY'S specifies from time to time, unless otherwise approved in writing by BEN & JERRY'S; and OPERATOR shall offer and sell all Products as BEN & JERRY'S may specify for this Shop from time to time as required offerings at the Scoop Shop. OPERATOR is prohibited from offering or selling any products or services at or from the Scoop Shop that have not previously been authorized by 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, operators must purchase and install specific items to establish and operate their Scoop Shop. Ben Jerrys requires operators to purchase and install all fixtures, furnishings, equipment, decor, and signs, including menu board systems. They must also maintain sufficient supplies, including environmentally-friendly cleaning supplies and materials, as prescribed in the manual or in writing by Ben Jerrys.
Ben Jerrys maintains control over the items used in the Scoop Shop, as operators must refrain from using any non-approved items without prior written consent from Ben Jerrys. This ensures uniformity and quality across all franchise locations. If any refurbishment or replacement results in the discontinuance of items bearing proprietary marks, the operator must deliver these items to Ben Jerrys without charge.
To maintain the standards associated with the Ben Jerrys system, operators must purchase all equipment, fixtures, furnishings, signs (including menu board systems), décor, supplies, services (including On-Demand Sales), and products (including the Products) from suppliers designated or approved in writing by Ben Jerrys. Ben Jerrys has the right to designate a single supplier for any equipment, supplies, services, or products and may require the operator to purchase exclusively from that supplier, which could be Ben Jerrys or an affiliate. Ben Jerrys and its affiliates may receive compensation from suppliers based on these dealings with the operator and other franchisees.