How does Ben Jerrys provide access to its Manual of Ben & Jerrys to the operator?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
JERRY'S shall provide OPERATOR with access to the Manual, via electronic access (through the B&J Extranet), for the term of this Agreement upon completion by OPERATOR and OPERATOR's manager of Scoop U Training. The Manual may be set forth in several volumes, including such amendments thereto, as BEN & JERRY'S may electronically publish from time to time. Additionally, OPERATOR acknowledges and agrees that BEN & JERRY'S may provide a portion or all (including updates and amendments) of the Manual, and other instructional information and materials in, or via, electronic media, including through the use of computer disks, the Internet or the B&J Extranet.
- 9.2 OPERATOR shall treat the Manual, any other materials created for or approved for use in the operation of the Scoop Shop, and the information contained therein, as confidential, and shall maintain such information (in electronic format) as proprietary and confidential. OPERATOR shall not download, copy, duplicate, record, or otherwise reproduce the foregoing materials, in whole or in part, or otherwise make the same available to any unauthorized person.
- 9.3 The Manual shall remain the sole property of BEN & JERRY'S and shall be accessible only from a secure place on the Premises, and shall only be accessed electronically.
- 9.4 BEN & JERRY'S may from time to time revise the contents of the Manual, and OPERATOR expressly agrees to comply with each new or changed provision of the Manual.
- 9.5 OPERATOR shall ensure the version of the Manual referred to in the Scoop Shop is the most current version. In the event of any dispute as to the contents of the Manual, the terms of the master version, maintained by the home office of BEN & JERRY'S, shall be controlling.
10. CONFIDENTIAL INFORMATION
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's provides the operator with electronic access to the Manual of Ben & Jerry's for the term of the agreement. This access is granted upon completion of Scoop U Training by both the operator and the operator's manager. The manual is accessible through the B&J Extranet, and may consist of multiple volumes with amendments published electronically by Ben & Jerry's from time to time. Ben & Jerry's may also provide instructional information and materials via electronic media, including computer disks, the Internet, or the B&J Extranet.
The Ben & Jerry's operator must treat the Manual and any other materials approved for use in the Scoop Shop as confidential and proprietary. The operator is prohibited from downloading, copying, duplicating, recording, or reproducing the materials, in whole or in part, or making them available to any unauthorized person. The Manual remains the sole property of Ben & Jerry's and is accessible only from a secure place on the premises, and only electronically.
Ben & Jerry's retains the right to revise the contents of the Manual, and the operator must comply with each new or changed provision. The operator is responsible for ensuring that the version of the Manual referred to in the Scoop Shop is the most current version. In the event of any dispute regarding the contents of the Manual, the terms of the master version maintained by Ben & Jerry's home office will be controlling. The operator is also required to maintain access to the B&J Extranet as specified by Ben & Jerry's in the Manual or in writing and comply with any agreements or policies related to its use.