Who is the proprietor of the Ben Jerrys location at 1203 Pearl Street in Boulder, CO?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
BEN & JERRY'S and DEVELOPER are completely separate entities and are not fiduciaries, partners, joint venturers, or agents of the other in any sense and neither shall have the power to bind the other.
No act or assistance given by either party to the other pursuant to this Agreement or any Franchise Agreement shall be construed to alter the relationship.
OPERATOR acknowledges that BEN & JERRY'S has no responsibility to ensure that the Scoop Shops are developed in compliance with all applicable laws, ordinance and regulations and that BEN & JERRY'S shall have no liability in the event the development of the Scoop Shops violates any law, ordinance or regulation.
Neither this Agreement nor BEN & JERRY'S course of conduct is intended, nor may anything in this Agreement (nor BEN & JERRY'S course of conduct) be construed to state or imply that BEN & JERRY'S is the employer of DEVELOPER'S employees and/or independent contractors, nor vice versa.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
Based on the 2025 Ben Jerrys Franchise Disclosure Document excerpts, the document does not contain the specific information about the proprietor of the Ben Jerrys location at 1203 Pearl Street in Boulder, CO.
However, the FDD does discuss the relationship between Ben Jerrys as the franchisor and the developer or prospective operator. It clarifies that the developer is an independent contractor and not an agent, partner, or joint venturer of Ben Jerrys. The franchisee, referred to as the 'DEVELOPER' or 'PROSPECTIVE OPERATOR' in the excerpts, is the entity that would typically own and operate the Scoop Shop, subject to the terms of the Franchise Agreement.
The document outlines the process for site approval, the obligations of the operator, and the rights retained by Ben Jerrys, including the right to operate or license others to operate businesses under the Ben Jerrys brand outside the Development Area or in Institutional Facilities. To determine the proprietor of the specific location, a prospective franchisee should directly ask Ben Jerrys for details about existing franchise locations during their due diligence process.