Who are the proprietors of the Ben Jerrys location in Haight Ashbury, San Francisco, CA?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.1 DEVELOPER is an independent contractor.
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 explicitly identify the proprietors of the Ben Jerrys location in Haight Ashbury, San Francisco, CA. However, the FDD does discuss the relationship between Ben Jerrys and its developers and franchisees. Specifically, it mentions that developers may have the right to execute Franchise Agreements for Scoop Shops, and these shops are to be established and operated under a separate Franchise Agreement between the developer and Ben Jerrys.
Furthermore, the FDD clarifies that the developer is an independent contractor and not an agent, fiduciary, or partner of Ben Jerrys. This means that the developer, or franchisee, is responsible for the day-to-day operations of their Ben Jerrys location. The FDD also states that Ben Jerrys is not liable for any acts or omissions of the developer or their employees in the operation of the business.
To determine the specific proprietor of the Ben Jerrys in Haight Ashbury, a prospective franchisee should ask the franchisor directly for this information. This information may be available in internal records or through other channels not included in the FDD excerpts.