What policy is outlined in Section 2-7 of the Ben Jerrys manual?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Section 7.2 of the Franchise Agreement shall be renumbered as Section 7.2.1 and shall be replaced by the following:
- 7.2.1 OPERATOR shall use the Premises solely for the operation of the Scoop Shop; shall keep the Scoop Shop open and in normal operation for such minimum hours and days as BEN & JERRY'S may specify; shall refrain from using or permitting the use of the Premises for any other purpose or activity at any time without obtaining the written consent of BEN & JERRY'S. As described in Section 1.2 herein, [OPERATOR/the Catering Entity] may engage in Off-Premises Activities [and/or Mobile Vending]within the Territory of OPERATOR, but only in accordance with the terms and conditions stated in this Agreement, in the Manual (including guidelines and requirements relating to insurance coverage and vehicle use in Off-Premises Activities [and/or Mobile Vending]) or as otherwise provided by BEN & JERRY'S in writing. [OPERATOR/The Catering Entity] shall not enter territories of other BEN & JERRY'S scoop shop operators without the express written consent of BEN & JERRY'S. BEN & JERRY'S reserves the right to withhold consent in its sole discretion based on a variety of factors, including, without limitation, the requirements to provide proof of consent from the other BEN & JERRY'S operator to have [OPERATOR/the Catering Entity] enter his or her territory to provide Off-Premises Activities [and/or Mobile Vending] services and for [OPERATOR/the Catering Entity] to submit for approval the economic terms of the Special Events or Catering that [OPERATOR/the Catering Entity] will perform in the other BEN & JERRY'S operator's territory.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
Based on the 2025 Ben Jerrys Franchise Disclosure Document, Section 7.2.1 of the Franchise Agreement outlines the duties of the operator. It states that the operator must use the premises solely for the operation of the Scoop Shop and keep it open during the minimum hours and days specified by Ben Jerrys. The operator cannot use the premises for any other purpose without written consent from Ben Jerrys.
According to Section 7.2.1, the operator may engage in off-premises activities and mobile vending within their territory, but only if they adhere to the terms and conditions outlined in the Franchise Agreement and the manual. These terms include guidelines and requirements related to insurance coverage and vehicle use for off-premises activities and mobile vending. The operator is prohibited from entering the territories of other Ben Jerrys scoop shop operators without express written consent from Ben Jerrys.
Ben Jerrys reserves the right to withhold consent for an operator to enter another operator's territory at its discretion. This decision may be based on factors such as requiring proof of consent from the other Ben & Jerry's operator and the operator submitting the economic terms of special events or catering they will perform in the other operator's territory for approval.