Are Ben Jerrys operators obligated to engage in Off-Premises Activities?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.2 BEN & JERRY'S grants to OPERATOR the right, but not the obligation, to engage in off-premises activities, including scooping at festivals, fairs, concerts, sporting events and other events ("Special Events"), scooping at customers' homes, offices, celebrations and other locations ("Catering") (hereinafter, Special Events and Catering are collectively referred to as "Off-Premises Activities"), delivery by third parties (e.g., Uber Eats, GrubHub and DoorDash) to customers' homes, offices and other locations ("On-Demand Sales"), and the scooping of Products from a mobile scooping facility such as a truck or trailer ("Mobile Vending") provided that such Off-Premises Activities, On-Demand Sales and Mobile Vending are held within the Territory specified in Exhibit A, and are conducted in accordance with the terms and conditions stated in this Agreement and as may be set forth in BEN & JERRY'S Confidential Operating Manual (the "Manual"), which is more fully described in Section 9 hereof, or otherwise by BEN & JERRY'S in writing.
All Off-Premises Activities, On-Demand Sales and Mobile Vending shall be subject to the terms of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees are not obligated to participate in off-premises activities. The document states that Ben & Jerry's grants the operator the right, but not the obligation, to engage in off-premises activities. These activities include scooping at special events like festivals and concerts, catering at homes and offices, on-demand sales through third-party delivery services, and mobile vending using a truck or trailer.
However, if a Ben Jerrys operator chooses to participate in off-premises activities, they must conduct these activities within their specified territory and according to the terms and conditions outlined in the Franchise Agreement and the Confidential Operating Manual. These guidelines cover various aspects, such as insurance coverage, event size, duration, and vehicle use.
Ben Jerrys retains certain rights regarding off-premises activities. For instance, if Ben Jerrys desires to have products scooped at an off-premises event within an operator's territory, they must first send the operator a "Request for Notice." The operator then has a limited time to respond with a "Notice of Intent to Scoop." If the operator declines or fails to respond, Ben Jerrys may offer the opportunity to another operator or sell products themselves at the event.