Who is responsible for paying for the design and architecture services for a Ben Jerrys Shop?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
You are responsible for developing and constructing your Shop. This process is described below and begins once an SEP is reviewed and approved by us. We have standard plans and specifications for Scoop Shops which are outlined in our prototype interior and exterior designs and layouts. Our plans and layouts are not intended, with respect to your particular location, to contain, address or comply with the requirements of any federal, state or local law, code or regulation, including those concerning the Americans with Disabilities Act (the "ADA") or similar rules governing public accommodations for persons with disabilities.
You must use our designated design firm or, if there is no designated design firm, employ a design firm that meets our qualifications to prepare all preliminary floor and construction plans for your Shop. The design firm will prepare preliminary floor plans implementing our Shop designs and specifications, to suit the shape and dimensions of the site of your Shop. You will be responsible for paying for all design and architecture services.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 43–60)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the franchisee is responsible for covering the costs of design and architecture services for their shop. Ben Jerrys requires franchisees to use their designated design firm or a qualified firm to prepare the preliminary floor and construction plans.
Ben Jerrys provides standard plans and specifications for Scoop Shops, including prototype interior and exterior designs and layouts. However, these plans are not intended to address specific legal or regulatory requirements, such as ADA compliance, for the franchisee's particular location.
Therefore, it is the franchisee's responsibility to ensure that the shop's design complies with all applicable federal, state, and local laws. This includes engaging qualified professionals and bearing the associated expenses to adapt the standard plans to the specific site and ensure regulatory compliance.