What is the Ben Jerrys operator's obligation regarding the minimum hours and days of operation?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
rators in order to develop and maintain high operating, quality and service standards, to increase the demand for the Products sold by all operators, to protect Scoop Shops operating under the System, and to protect the brand, reputation and goodwill of BEN & JERRY'S. OPERATOR shall operate the Scoop Shop in strict conformity with such standards and specifications as BEN & JERRY'S may from time to time prescribe in the Manual or otherwise in writing, and shall refrain from deviating from such standards, specifications, and procedures without the prior written consent of BEN & JERRY'S.
- 7.2 OPERATOR shall use the Premises solely for the operation of the Scoop Shop in accordance with this Agreement; shall keep the Scoop Shop open and in normal operation for such minimum hours and days as are required by OPERATOR'S lease (or, in the event the
OPERATOR'S lease does not designate minimum hours and days, such minimum hours and days as BEN & JERRY'S may specify in the Manual or otherwise in writing);
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the operator must keep the Scoop Shop open for the minimum hours and days required by their lease. However, if the lease does not specify minimum hours and days, Ben Jerrys can specify these requirements in the Manual or in writing.
This means that a prospective franchisee's operating hours could be dictated by their lease agreement or directly by Ben Jerrys. It is important to carefully review the lease agreement and the Ben Jerrys Manual to understand the specific requirements for minimum hours and days of operation. This will directly impact staffing needs and potential revenue generation.
Failure to operate the Scoop Shop during the required days and hours, as specified in the lease or by Ben Jerrys, constitutes an event of default under the franchise agreement. This could lead to termination of the agreement if the franchisee does not remedy the situation to Ben Jerrys's satisfaction within the given cure period. Therefore, adhering to the specified operating hours is crucial for maintaining compliance with the franchise agreement.