Does Ben Jerrys provide any assurance, representation, or warranty regarding the suitability of an approved site for the Shop?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.4 DEVELOPER hereby acknowledges and agrees that approval by BEN & JERRY'S of a site does not constitute an assurance, representation or warranty of any kind, express or implied, as to the suitability of the site for the Scoop Shop or for any other purpose.
Approval by BEN & JERRY'S of the site indicates only that BEN & JERRY'S believes the site complies with acceptable minimum criteria established by BEN & JERRY'S solely for its purposes as of the time of the evaluation.
Both DEVELOPER and BEN & JERRY'S acknowledge that application of criteria that have been effective with respect to other sites and premises may not be predictive of potential for all sites and that, subsequent to approval by BEN & JERRY'S of a site, demographic and/or economic factors, such as competition from other similar businesses, included in or excluded from criteria used by BEN & JERRY'S could change, thereby altering the potential of a site.
Such factors are unpredictable and are beyond the control of BEN & JERRY'S.
BEN & JERRY'S shall not be responsible for the failure of a site approved by BEN & JERRY'S to meet DEVELOPER'S expectations as to revenue or operational criteria.
DEVELOPER further acknowledges and agrees that its acceptance of a franchise for the operation of a Scoop Shop at the site is based on its own independent investigation of the suitability of the site.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys does not provide any assurance, representation, or warranty regarding the suitability of an approved site for a Scoop Shop. Ben Jerrys's approval of a site only indicates that it believes the site meets the minimum criteria established by Ben Jerrys for its own purposes at the time of evaluation.
The document emphasizes that the criteria used for other sites may not accurately predict the potential of all sites. Factors such as demographic and economic changes, including competition, can alter a site's potential after Ben Jerrys's approval. These factors are unpredictable and beyond Ben Jerrys's control. Therefore, Ben Jerrys is not responsible if an approved site fails to meet the franchisee's expectations regarding revenue or operational criteria.
The FDD makes it clear that the franchisee's decision to accept a franchise and operate a Scoop Shop at a particular site should be based on their own independent investigation of the site's suitability. This means that while Ben Jerrys offers guidance and approval based on its criteria, the ultimate responsibility for assessing the site's potential and ensuring its viability rests with the franchisee. Prospective franchisees should conduct thorough market research, assess local competition, and consider all relevant factors before committing to a specific location.