Can Ben Jerrys require the OPERATOR to purchase or license software programs?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
ines, and other computer-related facilities, as BEN & JERRY'S directs (including those pertaining to the processing of credit/debit cards as described in Section 7.11.7 and 7.11.8, below). OPERATOR shall have the sole and complete responsibility for: (a) acquiring, operating, maintaining and upgrading its Computer System; (b) the manner in which OPERATOR's Computer System interfaces with BEN & JERRY'S computer systems, and the computer systems of third parties; and (c) any and all consequences that may arise if OPERATOR's Computer System is not properly operated, maintained or upgraded;
- 7.11.4 BEN & JERRY'S may from time to time develop or authorize others to develop software programs for use in the System, which OPERATOR may be required to purchase and/or license, and use without individual modification or customization, in connection with the Scoop Shop and for which OPERATOR may be required to execute a license, sublicense, or maintenance agreement with BEN & JERRY'S or an approved vendor; and
- 7.11.5 OPERATOR shall abide by all applicable laws pertaining to the privacy of consumer, employee, and transactional information ("Privacy Laws"). OPERATOR shall comply with BEN & JERRY'S standards and policies pertaining to privacy information.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys has the right to develop or authorize others to develop software programs for use in the System. As an operator, you may be required to purchase and/or license these programs. You must use the software without individual modification or customization in connection with the Scoop Shop.
As a franchisee, you may also be required to execute a license, sublicense, or maintenance agreement with Ben Jerrys or an approved vendor for the software. This means you might have ongoing costs associated with using the required software, such as maintenance fees or licensing renewals.
Ben Jerrys also specifies that to ensure efficient management and operation of the Scoop Shop and the transmission of data to and from Ben & Jerry's, the operator, at its expense, shall acquire computer and communication software as Ben & Jerry's specifies in the Manual or otherwise in writing from Ben & Jerry's or, if any, approved vendors. This indicates that you may be obligated to purchase software directly from Ben Jerrys or from vendors they approve. This ensures compatibility and standardization across the Ben Jerrys system but could limit your options and potentially increase costs.