What is the Ben Jerrys operator's obligation regarding the 'Request for Notice' from Ben & Jerry's?
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)
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, if Ben & Jerry's desires to have Products scooped at an Off-Premises Activity within an operator's territory, Ben & Jerry's will send the operator a 'Request for Notice.' If the Ben Jerrys operator wants to scoop Products at the specified Off-Premises Activity, the operator must respond by sending Ben & Jerry's a signed 'Notice of Intent to Scoop' within five business days of receiving the request.
In addition to sending the notice, the Ben Jerrys operator must also provide proof of authorization to scoop Products at the Off-Premises Activity. This proof must be submitted to Ben & Jerry's in accordance with the guidelines outlined in the Ben Jerrys manual or other written communication.
If the Ben Jerrys operator fails to send the 'Notice of Intent to Scoop' within the five-business-day timeframe or does not provide the required proof of authorization, the operator is considered to have waived their right to scoop Products at that particular Off-Premises Activity. In this case, Ben & Jerry's reserves the right to either sell scooped or other Products themselves or grant another operator the right to do so at the event. This obligation only applies when Ben & Jerry's intends to sell scooped Products at an off-premises activity within the territory, and does not apply to the sale of non-scooped Products.