What procedures are outlined in Section 3-7 of the Ben Jerrys manual?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
3.1 Recognizing that time is of the essence, DEVELOPER shall comply strictly with the Development Schedule. DEVELOPER acknowledges and agrees that the Development Schedule requires that DEVELOPER have executed and delivered Franchise Agreements for a cumulative number of Scoop Shops and opened a cumulative number of Scoop Shops within the time periods specified.
3.2 DEVELOPER agrees to locate and submit specific sites for Scoop Shops. DEVELOPER shall submit to BEN & JERRY'S a site evaluation package ("SEP"), in a form prescribed by BEN & JERRY'S, identifying each proposed site and describing the preliminary design, relevant demographic and cost factors concerning each site. BEN & JERRY'S shall have the right to require that DEVELOPER simultaneously submit SEPs for up to three (3) proposed sites. BEN & JERRY'S shall have ten (10) business days after receipt of a SEP from DEVELOPER to approve or disapprove each proposed site for each Scoop Shop. DEVELOPER must obtain written approval by BEN & JERRY'S of each proposed site, which will be in the form of a "Site Authorization Notice." DEVELOPER shall execute a lease that complies with the requirements set forth below, or a binding agreement to purchase each site within thirty (30) days of approval of each site by BEN & JERRY'S. Within seven (7) days after executing a lease or a binding purchase agreement for each site, DEVELOPER shall execute and deliver to BEN & JERRY'S the Franchise Agreement that shall be provided to DEVELOPER by BEN & JERRY'S for execution, which shall be the form of Franchise Agreement determined in accordance with Section 3.5 below.
3.3 If DEVELOPER will occupy the premises from which the Scoop Shop is operated under a lease or sublease, DEVELOPER shall, prior to the execution of the lease, submit the lease to BEN & JERRY'S for its review to ensure that the lease contains the conditions set forth in the Ben & Jerry's Lease Rider which may include, but are not limited to:
a.
That the initial term of the lease, or the initial term together with renewal terms, shall be for ten (10) years, unless otherwise approved in writing by BEN & JERRY'S;
- b.
That the lessor consents to DEVELOPER'S use of such Proprietary Marks and initial signage as BEN & JERRY'S may prescribe for the Scoop Shop;
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
Based on the 2025 Ben Jerrys Franchise Disclosure Document, Section 3 outlines the development obligations of the developer. According to section 3.1, the developer must strictly comply with the Development Schedule, acknowledging that time is of the essence. Section 3.2 requires the developer to locate and submit specific sites for Scoop Shops, providing Ben & Jerry's with a site evaluation package (SEP) in a prescribed form, including preliminary design, demographic, and cost factors. Ben & Jerry's has the right to require simultaneous SEP submissions for up to three proposed sites and has ten business days to approve or disapprove each site. Written approval, in the form of a Site Authorization Notice, is mandatory before the developer can execute a lease or purchase agreement.
Section 3.2 also states that the developer must execute a lease or binding agreement to purchase each site within thirty days of approval by Ben & Jerry's. Within seven days of executing the lease or purchase agreement, the developer must execute and deliver the Franchise Agreement provided by Ben & Jerry's. Section 3.3 specifies that if the premises are to be occupied under a lease or sublease, the developer must submit the lease to Ben & Jerry's for review before execution.
The lease must contain conditions set forth in the Ben & Jerry's Lease Rider, including an initial term (or initial plus renewal terms) of ten years, unless otherwise approved in writing by Ben & Jerry's. Additionally, the lessor must consent to the developer's use of Proprietary Marks and initial signage as prescribed by Ben & Jerry's for the Scoop Shop. These procedures ensure that Ben & Jerry's maintains control over site selection and lease terms, protecting brand consistency and operational standards.