What is a 'Request for Notice' in the context of Ben Jerrys Off-Premises Activities?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.4.1 If BEN & JERRY'S desires the scooping of Products at an Off-Premises Activity in OPERATOR's Territory, BEN & JERRY'S shall send OPERATOR a "Request for Notice." If BEN & JERRY'S sends OPERATOR a Request for Notice and OPERATOR desires to scoop Products at such Off-Premises Activity, OPERATOR must send BEN & JERRY'S a signed "Notice of Intent to Scoop" within five (5) business days after receipt by OPERATOR of such Request for Notice and OPERATOR 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.
If OPERATOR does not send BEN & JERRY'S a signed Notice of Intent to Scoop within five (5) business days after the date of receipt by OPERATOR of the Request for Notice or if OPERATOR does not submit proof of authorization to scoop at such Off-Premises Activity in accordance with the Manual or other writing, OPERATOR shall be deemed to have waived OPERATOR's right to scoop Products at such Off-Premises Activity.
If OPERATOR waives the right to scoop Products at any Off-Premises Activity, BEN & JERRY'S may sell scooped or other Products, or may grant another operator the right to sell scooped or other Products, at such Off-Premises Activity. (The requirement in this Section 7.4.1 that BEN & JERRY'S provide a "Request for Notice" only applies if BEN & JERRY'S desires, either itself or through others, to sell scooped Products at an Off-Premises Activity within the Territory; this requirement does not apply to the sale of non-scooped Products, which BEN & JERRY'S has the right to do within or outside of the Territory pursuant to Section 1.4.6)
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a 'Request for Notice' is a communication from Ben Jerrys to the operator (franchisee) when Ben Jerrys wants to conduct scooping of products at an off-premises activity within the operator's territory. If Ben Jerrys desires to scoop products at an off-premises activity in the operator's territory, Ben Jerrys will send the operator a 'Request for Notice'.
Upon receiving this 'Request for Notice', the operator has a limited time to respond. Specifically, the operator must send Ben Jerrys a signed 'Notice of Intent to Scoop' within five business days, indicating their desire to participate in the off-premises activity. Additionally, the operator must provide proof of authorization to scoop products at the event, following guidelines in the manual or other written communication from Ben Jerrys.
If the operator fails to send the 'Notice of Intent to Scoop' within the five-day timeframe or does not provide the required proof of authorization, they are considered to have waived their right to scoop products at that particular off-premises activity. This waiver allows Ben Jerrys to either sell scooped or other products themselves at the event or grant another operator the right to do so.
It's important to note that the 'Request for Notice' requirement only applies when Ben Jerrys intends to sell scooped products at an off-premises activity within the operator's territory, either directly or through others. This requirement does not extend to the sale of non-scooped products, which Ben Jerrys retains the right to sell within or outside the territory.