Does Ben Jerrys provide any representation, promise, or guarantee of the franchisee's success at the Approved Location?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 27.2 OPERATOR acknowledges that it shall have sole and complete responsibility for the choice of the Approved Location; that BEN & JERRY'S has not (and shall not be deemed to have, even by BEN & JERRY'S approval of the site that is the Approved Location) given any representation, promise, or guarantee of Franchisee's success at the Approved Location; and that OPERATOR shall be solely responsible for its own success at the Approved Location.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys does not provide any representation, promise, or guarantee of a franchisee's success at their approved location. The FDD emphasizes that the franchisee is solely responsible for their success at the approved location. Ben Jerrys approval of a site does not constitute a guarantee of success.
The document makes it clear that the franchisee acknowledges they have sole responsibility for choosing the approved location. This means that Ben Jerrys is not liable if the location turns out to be unsuccessful. The success of the Ben Jerrys scoop shop depends on various factors, including the franchisee's abilities, market conditions, competition, product availability, and service quality.
This disclaimer is a standard practice in franchising. It underscores that while Ben Jerrys provides a brand, system, and support, the ultimate success of the business depends on the franchisee's execution and local market conditions. Prospective franchisees should conduct their own thorough due diligence, including market research and financial planning, to assess the viability of their chosen location.