factual

Regarding site selection for a Ben Jerrys franchise, does Ben Jerrys provide any guarantee of the franchisee's success at the approved location?

Q: Regarding site selection for a Ben Jerrys franchise, does Ben Jerrys provide any guarantee of the franchisee's success at the approved location?

- 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)

Ben_Jerrys Franchise · 2025 FDD

Answer 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 & Jerry's does not provide any guarantee of a franchisee's success at an approved location. The FDD emphasizes that the franchisee, referred to as the 'OPERATOR,' bears sole responsibility for selecting the location. Even if Ben & Jerry's approves the site, this approval should not be interpreted as a representation, promise, or guarantee of the franchisee's future success.

This disclaimer underscores that the success of a Ben Jerrys franchise hinges on various factors, including the franchisee's business acumen, active involvement in daily operations, prevailing market conditions, local competition, product availability, and service quality. These elements are beyond the franchisor's direct control, highlighting the inherent risks involved in operating a scoop shop.

Prospective Ben Jerrys franchisees should understand that their business's performance is their responsibility. They should conduct thorough due diligence on the location, considering factors like foot traffic, demographics, and proximity to other businesses. It is crucial to recognize that Ben Jerrys's approval of a site does not equate to a guarantee of profitability or long-term viability. Franchisees must rely on their own assessment and business strategies to ensure success.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.

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