What is the Ben Jerrys operator's obligation regarding the 'Notice of Intent to Scoop'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.4.1 If BEN & JERRY'S desires the scooping of Products at an Off-Premises Activity in OPERATOR's Territory, BEN & JERRY'S shall send OPERATOR a "Request for Notice." If BEN & JERRY'S sends OPERATOR a Request for Notice and OPERATOR desires to scoop Products at such Off-Premises Activity, OPERATOR must send BEN & JERRY'S a signed "Notice of Intent to Scoop" within five (5) business days after receipt by OPERATOR of such Request for Notice and OPERATOR must submit to BEN & JERRY'S proof of authorization to scoop Products at such Off-Premises Activity in accordance with the Manual or other writing.
If OPERATOR does not send BEN & JERRY'S a signed Notice of Intent to Scoop within five (5) business days after the date of receipt by OPERATOR of the Request for Notice or if OPERATOR does not submit proof of authorization to scoop at such Off-Premises Activity in accordance with the Manual or other writing, OPERATOR shall be deemed to have waived OPERATOR's right to scoop Products at such Off-Premises Activity.
If OPERATOR waives the right to scoop Products at any Off-Premises Activity, BEN & JERRY'S may sell scooped or other Products, or may grant another operator the right to sell scooped or other Products, at such Off-Premises Activity. (The requirement in this Section 7.4.1 that BEN & JERRY'S provide a "Request for Notice" only applies if BEN & JERRY'S desires, either itself or through others, to sell scooped Products at an Off-Premises Activity within the Territory; this requirement does not apply to the sale of non-scooped Products, which BEN & JERRY'S has the right to do within or outside of the Territory pursuant to Section 1.4.6)
- 7.4.2 If OPERATOR desires to sell or scoop Products at an Off-Premises Activity or through On-Demand Sales or Mobile Vending located outside the Territory, OPERATOR must submit a written request to BEN & JERRY'S in accordance with the Manual or other writing, for the prior approval of 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, the operator's obligation regarding the 'Notice of Intent to Scoop' is as follows: If Ben Jerrys desires the scooping of products at an off-premises activity within the operator's territory, Ben Jerrys will send the operator a 'Request for Notice'. If the operator wants to scoop products at the off-premises activity, the operator must send Ben Jerrys a signed 'Notice of Intent to Scoop' within five business days after receiving the 'Request for Notice'.
In addition to sending the notice within the specified timeframe, the Ben Jerrys operator must also submit proof of authorization to scoop products at the off-premises activity. This proof must be submitted in accordance with the guidelines provided in the manual or other written communication from Ben Jerrys. Failure to send the signed 'Notice of Intent to Scoop' within the five-business-day window, or failure to submit the required proof of authorization, will result in the operator being deemed to have waived their right to scoop products at the specific off-premises activity.
If the Ben Jerrys operator waives their right to scoop products at an off-premises activity, Ben Jerrys retains the right to sell scooped or other products themselves, or to grant another operator the right to do so. This ensures that Ben Jerrys can still capitalize on opportunities within the territory even if the primary operator chooses not to participate. However, the 'Request for Notice' requirement only applies if Ben Jerrys intends to sell scooped products at the off-premises activity within the territory. This requirement does not extend to the sale of non-scooped products, which Ben Jerrys has the right to sell within or outside the territory.
If a Ben Jerrys operator wants to sell or scoop products at an off-premises activity, through on-demand sales, or via mobile vending outside of their designated territory, they must submit a written request to Ben Jerrys for prior approval. This request must be made in accordance with the guidelines outlined in the manual or other written communication from Ben Jerrys. This process ensures that all off-premises activities are properly coordinated and aligned with Ben Jerrys's overall brand strategy and operational standards.