What is the Ben Jerrys operator's responsibility regarding the use of the premises?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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); shall refrain from using or permitting the use of the Premises for any unauthorized or unlawful purpose; and shall refrain from using or permitting the use of the Premises for any purpose or activity at any time without first obtaining the written consent 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 has specific responsibilities regarding the use of the premises. The operator must use the premises solely for the operation of the Scoop Shop, adhering to the franchise agreement. They are required to keep the Scoop Shop open during minimum hours and days as specified in their lease or by Ben & Jerry's in writing.
The Ben Jerrys operator is prohibited from using the premises for any unauthorized or unlawful purpose. They must obtain written consent from Ben & Jerry's before using the premises for any purpose or activity outside of the standard Scoop Shop operation. This ensures that the premises are used in a manner that aligns with the brand's standards and reputation.
These stipulations are typical in franchising, as franchisors like Ben Jerrys need to maintain brand consistency and protect their trademarks. By controlling the use of the premises, Ben Jerrys can ensure that each location operates in a way that upholds the brand's image and quality standards. A prospective franchisee should carefully review their lease agreement and the Ben Jerrys manual to fully understand the specific requirements for operating hours and any restrictions on the use of the premises.