For Ben Jerrys, who is required to attend and successfully complete the BEN & JERRY'S Scoop U program?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
this Agreement, "force majeure" means an act of God, war, civil disturbance, act of terrorism, government action, fire, flood, accident, hurricane, earthquake, or other calamity, strike or other labor dispute, or any other cause beyond the reasonable control of OPERATOR; provided, however, force majeure shall not include OPERATOR's lack of adequate financing. In the event OPERATOR's opening is delayed by a force majeure event, OPERATOR's time to open the Scoop Shop shall be extended by the shorter of: (a) the delay caused by such event, or (b) thirty (30) days.
6. TRAINING
- 6.1 Before opening the Scoop Shop, (i) OPERATOR (or, if OPERATOR is other than an individual, an Owner approved by BEN & JERRY'S), or (ii) OPERATOR's manager (if OPERATOR or an Owner will not be the on-Premises supervisor of the Scoop Shop on a fulltime basis) shall attend and complete to BEN & JERRY'S satisfaction Scoop U Training. If OPERATOR is an individual who will not manage the Scoop Shop personally, BEN & JERRY'S may require OPERATOR to attend and complete to BEN & JERRY'S satisfaction, initial training as determined by BEN & JERRY'S.
- 6.2 In addition to pre-opening training, BEN & JERRY'S may require any persons subsequently employed by OPERATOR in the position of manager to attend and complete to BEN & JERRY'S satisfaction, Scoop U Training for managers, for which training BEN & JERRY'S may charge OPERATOR a fee. OPERATOR, OPERATOR's manager, and other employees as OPERATOR may designate shall also attend such additional courses, seminars, and other training programs as BEN & JERRY'S may require from time to time. Every five (5) years, OPERATOR shall also attend such additional courses, seminars, and other training programs as BEN & JERRY'S may reasonably require from time to time irrespective of the number of Shops OPERATOR operates.
- 6.3 All training programs shall be at such times as may be designated by BEN & JERRY'S. Training programs shall be provided in Vermont and/or such other locations as BEN & JERRY'S may designate. OPERATOR may be required to pay a fee to BEN & JERRY'S, or to trainers designated by BEN & JERRY'S, for training courses, seminars and programs provided after the pre-opening training described in Section 6.1. OPERATOR or its employees shall be responsible for any and all other expenses incurred by them in connection with Scoop U Training and any other training, including the costs of transportation, lodging, meals, and wages. Trainees will not receive compensation from BEN & JERRY'S for work performed during Scoop U Training or such other training.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the requirements for Scoop U training depend on whether the franchisee (referred to as OPERATOR) will be directly managing the Scoop Shop. If the OPERATOR is an individual who will personally manage the shop, they must attend and successfully complete Scoop U Training. However, if the OPERATOR is not an individual or will not be the on-premises supervisor full-time, then the OPERATOR's manager must attend Scoop U Training. Ben Jerrys retains the right to require the OPERATOR to attend initial training even if they will not be managing the Scoop Shop themselves.
In addition to the initial pre-opening training, Ben Jerrys may also require any subsequently employed managers to attend Scoop U Training for managers, potentially incurring a fee for the OPERATOR. The OPERATOR, their manager, and any other employees designated by the OPERATOR may be required to attend additional courses, seminars, and training programs as deemed necessary by Ben Jerrys from time to time. Furthermore, every five years, the OPERATOR must attend additional training programs, regardless of the number of shops they operate.
The training programs are scheduled by Ben Jerrys and typically held in Vermont or other designated locations. While the pre-opening training fee is covered, the OPERATOR is responsible for fees associated with subsequent training courses, seminars, and programs, as well as all expenses related to transportation, lodging, meals, and wages for themselves and their employees. Trainees will not receive compensation from Ben Jerrys for work performed during training. Ben Jerrys emphasizes that Scoop U Training is designed to protect the brand and reputation, rather than to control the day-to-day operations of the Scoop Shop.
For a Test Shop, the OPERATOR acknowledges and agrees that the Test Shop shall be operated by a manager of OPERATOR, who has attended and successfully completed to the satisfaction of BEN & JERRY'S the BEN & JERRY'S Scoop U program.