How does Ben Jerrys provide access to the Confidential Manual?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
After you and your manager complete Scoop U Training to our satisfaction, we will provide you with access, via electronic media, for the term of your franchise. The Manual will be provided through electronic files. We will provide you with the Manual, as well as other instructional materials, through electronic media, including the Internet or the Ben & Jerry's Extranet. You must treat the Manual, any other materials created for or approved for use in the operation of your Shop, and the information contained in them, as confidential, and must use reasonable efforts to maintain this information (both in electronic and written format) as proprietary and confidential. You must not copy, download, print or otherwise reproduce these materials or otherwise make them available to any unauthorized person. The Manual will remain our sole property. You must keep it accessible only in a secure place on the Shop premises or at the office which supports the Shop.
The Manual contains standards, methods, policies, guidelines and procedures, some of which are mandatory and others of which are suggestions. We may revise the contents of the Manual periodically. You must ensure that the version of the Manual to which you refer is the most current version. If there is a dispute as to the contents of the Manual, the terms of the master version, which we maintain at our home office, will control.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 65–66)
What This Means (2025 FDD)
According to Ben Jerrys' 2025 Franchise Disclosure Document, access to the Confidential Manual is provided electronically for the term of the franchise agreement. Specifically, after the franchisee and their manager complete Scoop U Training to Ben Jerrys' satisfaction, they will receive access through electronic media, including the Internet or the Ben & Jerry's Extranet. The manual is provided through electronic files. Franchisees must treat the manual and its contents as confidential, taking reasonable steps to maintain its proprietary and confidential nature in both electronic and written formats. Franchisees are prohibited from copying, downloading, printing, reproducing, or making the manual available to unauthorized individuals.
The manual remains the sole property of Ben Jerrys and must be kept accessible only in a secure location on the shop premises or at the office supporting the shop. The manual includes standards, methods, policies, guidelines, and procedures, some of which are mandatory and others are suggestions. Ben Jerrys may periodically revise the manual's contents, and franchisees must ensure they are using the most current version. In case of any dispute regarding the manual's contents, the master version maintained at Ben Jerrys' home office will take precedence.
This electronic access approach is fairly standard in the franchise industry, allowing franchisors to efficiently update and control the distribution of proprietary information. The franchisee's responsibility to protect the confidentiality of the manual is a critical aspect, as it contains trade secrets and operational know-how essential to the Ben Jerrys system. The franchisor's right to revise the manual and the franchisee's obligation to comply with the latest version are also typical, ensuring consistency and adherence to evolving brand standards and practices.