Does Ben Jerrys have to provide a reason if they deny a transfer?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
OPERATOR is prohibited from offering or selling any products or services at or from the Scoop Shop that have not previously been authorized by BEN & JERRY'S.
If OPERATOR wishes to offer or sell any products or services that have not previously been authorized by BEN & JERRY'S, OPERATOR must first make a written request to BEN & JERRY'S, requesting authorization to offer or sell such services or products, and any approved product must be included in the OPERATOR's Gross Sales.
BEN & JERRY'S may deny such approval for any reason.
In connection with such request for approval, OPERATOR must submit to BEN & JERRY'S such information and samples as BEN & JERRY'S desires.
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 may deny a franchisee's request to offer or sell products or services that have not previously been authorized by them for any reason. The franchisee must first make a written request to Ben & Jerry's for authorization to offer or sell such services or products, and any approved product must be included in the OPERATOR's Gross Sales. In connection with such request for approval, the franchisee must submit to Ben & Jerry's such information and samples as Ben & Jerry's desires.
This means that Ben & Jerry's has broad discretion over the products and services offered at its franchise locations. A prospective franchisee should consider this when evaluating the level of control they will have over their business and its offerings.
While Ben & Jerry's maintains the right to deny approval for new products or services for any reason, it is important to note that this clause pertains specifically to new offerings and not necessarily to the transfer of ownership of the franchise itself. The FDD does outline conditions and requirements for transfers, but it does not explicitly state whether Ben & Jerry's must provide a reason for denying a transfer request.