Does Ben Jerrys require the operator to engage in off-premises activities?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
n this Agreement, and for other good and
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, agree as follows:
1. GRANT
- 1.1 BEN & JERRY'S grants to OPERATOR the right, and OPERATOR hereby undertakes the obligation, upon the terms and conditions set forth in this Agreement: (a) to establish and operate a Ben & Jerry's Shop that offers a full assortment of products designated by BEN & JERRY'S (the "Scoop Shop"), and (b) to use the Proprietary Marks and the System solely in connection therewith.
- 1.2 BEN & JERRY'S grants to OPERATOR the right, but not the obligation, to engage in off-premises activities, including scooping at festivals, fairs, concerts, sporting events and other events ("Special Events"), scooping at customers' homes, offices, celebrations and other locations ("Catering") (hereinafter, Special Events and Catering are collectively referred to as "Off-Premises Activities"), delivery by third parties (e.g., Uber Eats, GrubHub and DoorDash) to customers' homes, offices and other locations ("On-Demand Sales"), and the scooping of Products from a mobile scooping facility such as a truck or trailer ("Mobile Vending") provided that such Off-Premises Activities, On-Demand Sales and Mobile Vending are held within the Territory specified in Exhibit A, and are conducted in accordance with the terms and conditions stated in this Agreement and as may be set forth in BEN & JERRY'S Confidential Operating Manual (the "Manual"), which is more fully described in Section 9 hereof, or otherwise by BEN & JERRY'S in writing. All Off-Premises Activities, On-Demand Sales and Mobile Vending shall be subject to the terms of this Agreement.
- 1.3 OPERATOR shall operate the Scoop Shop only at the authorized location (the "Authorized Location") specified in Exhibit A. OPERATOR shall not relocate the Scoop Shop without the prior written approval of BEN & JERRY'S, which shall be subject to the terms of Section 7.26 below. Any authorizations furnished by BEN & JERRY'S pursuant to this Section 1.3 or assistance in selecting a location, shall be at the sole discretion of BEN & JERRY'S, and are not, and shall not be, a guarantee or assurance by BEN & JERRY'S that the Scoop Shop shall be profitable or successful.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees are not obligated to participate in off-premises activities. Ben Jerrys grants the operator the right, but not the obligation, to engage in off-premises activities, on-demand sales, and mobile vending within their territory. These activities include scooping at events, catering, delivery services, and mobile scooping facilities.
However, if a Ben Jerrys operator wishes to engage in these activities outside their designated territory, they must obtain prior written approval from Ben Jerrys. Ben Jerrys retains the right to grant or deny this permission. If permission is granted and Ben Jerrys later awards another operator or developer rights to that territory, the original permission is revoked.
Ben Jerrys also has the right to conduct off-premises activities themselves or through other operators, especially concerning the sale of non-scooped products, without needing the franchisee's consent. This allows Ben Jerrys to maintain control over brand presence and market penetration, while the franchisee has the option to expand their services through approved channels.