What is the purpose of the Warehouse, according to the Ben Jerrys Warehouse Addendum?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
rms and conditions stated in this Agreement, in the Manual (including guidelines and requirements relating to insurance coverage and vehicle use in Off-Premises Activities [and/or Mobile Vending]) or as
otherwise provided by BEN & JERRY'S in writing. [OPERATOR/The Catering Entity] shall not enter territories of other BEN & JERRY'S scoop shop operators without the express written consent of BEN & JERRY'S. BEN & JERRY'S reserves the right to withhold consent in its sole discretion based on a variety of factors, including, without limitation, the requirements to provide proof of consent from the other BEN & JERRY'S operator to have [OPERATOR/the Catering Entity] enter his or her territory to provide Off-Premises Activities [and/or Mobile Vending] services and for [OPERATOR/the Catering Entity] to submit for approval the economic terms of the Special Events or Catering that [OPERATOR/the Catering Entity] will perform in the other BEN & JERRY'S operator's territory.
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- The following Section 7.2.2 shall be added to the Franchise Agreement:
- 7.2.2 [OPERATOR/The Catering Entity] shall use the Authorized Warehouse solely for the provision of Off-Premises Activities [and/or Mobile Vending] services in accordance with the Agreement and the Warehouse Addendum. The Authorized Warehouse shall be used specifically only for the following purposes: warehouse for Products and other products, storage of catering supplies, general storage space, office space, parking for carts and truck(s), and such other uses as BEN & JERRY'S may specify in the Manual, or otherwise approve in writing. The Authorized Warehouse shall not be used for the preparation of any Products, shall not make use of signage on the exterior of the premises (except for such identifying information necessary for deliveries), provide Off-Premises Activities [and/or Mobile Vending] at or within the Authorized Warehouse or otherwise serve or sell Products or products directly to any customer at or within the Authorized Warehouse. [OPERATOR/The Catering Entity] shall also refrain from using or permitting the use of the Authorized Warehouse for any unauthorized or unlawful purpose; and shall refrain from using or permitting the use of the Authorized Warehouse for any purpose or activity other than those specifically listed in this Section 7.2 at any time without first obtaining the written consent of BEN & JERRY'S.
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- Section 7.4.1 of the Franchise Agreement shall be deleted and shall be replaced by the following Section 7.4.1:
- 7.4.1 If BEN & JERRY'S desires the scooping of Products at an Off- Premises Activity in the Territory of OPERATOR, BEN & JERRY'S shall send [OPERATOR/the Catering Entity] a "Request for Notice." If BEN & JERRY'S sends [OPERATOR/the Catering Entity] a Request for Notice and [OPERATOR/the Catering Entity] desires to scoop Products at such Off-Premises Activity, [OPERATOR/the Catering Entity] must send BEN & JERRY'S a signed "Notice of Intent to Scoop" within five (5) business days after receipt by [OPERATOR/the Catering Entity] of such Request for Notice and [OPERATOR/the Catering Entity] must submit to BEN & JERRY'S proof of authorization to scoop Products at such Off-Premises Activity in accordance with the Manual or other writing.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, specifically Item 23, the Authorized Warehouse exists to support off-premises activities and mobile vending services. The warehouse is intended for specific functions, including storing products and catering supplies, providing general storage and office space, and parking for carts and trucks.
However, the Ben Jerrys franchisee is restricted in what they can do at the warehouse. The document explicitly states that the Authorized Warehouse cannot be used for product preparation, retail sales, or displaying exterior signage beyond what is necessary for deliveries. Furthermore, franchisees must refrain from any unauthorized or unlawful activities at the warehouse.
If a Ben Jerrys franchisee ceases to provide off-premises activities from the Authorized Warehouse, the Warehouse Addendum becomes void, and the terms of the Franchise Agreement revert to their original form. The franchisee must also immediately stop using the warehouse for any purpose related to Ben & Jerry's and discontinue using any confidential methods, trademarks, or proprietary marks associated with the Ben Jerrys system at the warehouse.