What is the purpose of the deposit placed with Ben Jerrys by the Prospective Operator?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
y's ice cream and frozen yogurt shops that display BEN & JERRY's interior and exterior trade dress and that primarily sell at the retail shops ice cream, ice milk, sorbet, yogurt, frozen yogurt, frozen desserts, toppings, confections, novelties, fountain ingredients, other food and beverages items under the mark "Ben & Jerry's" and other proprietary marks of BEN & JERRY'S.
- B. PROSPECTIVE OPERATOR has applied to BEN & JERRY'S for the right to enter into a franchise under the System through a Ben & Jerry's Franchising, Inc. Franchise Agreement (the "Franchise Agreement"), that would give PROSPECTIVE OPERATOR the right and obligation to develop and operate a Scoop Shop at a specific location (the "Shop").
- C. BEN & JERRY'S must expend considerable time, effort, and cost during the twelve (12)-month evaluation perio
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Prospective Operator places a deposit with Ben & Jerry's as evidence of good faith during the Evaluation Period. Ben & Jerry's expends considerable time, effort, and cost during the twelve-month evaluation period to evaluate site proposals and designs submitted by the Prospective Operator.
The deposit is non-refundable. The amount of the deposit depends on whether the Prospective Operator is an existing operator in the Ben Jerrys system. If the Prospective Operator is not an existing operator, the deposit is $10,000. If the Prospective Operator is an existing operator, the deposit is $5,000.
This deposit ensures that the prospective franchisee is serious about opening a Ben Jerrys location and is willing to commit financially to the initial evaluation process. The non-refundable nature of the deposit underscores the commitment required from the franchisee and compensates Ben Jerrys for the resources it invests during the evaluation period. Prospective franchisees should be aware that this deposit is forfeited even if they do not proceed with opening a franchise after the evaluation.