Does Ben Jerrys have the right to approve a manager hired by the franchisee?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.18 Without limiting the requirements of Section 18.1, the day-to-day operations of the Scoop Shop shall be under the direct supervision of OPERATOR or a manager of OPERATOR who has satisfactorily completed Scoop U Training.
In addition, the Authorized Warehouse shall be under the direct supervision of the OPERATOR [, or a manager of the Catering Entity who has successfully completed Scoop U training (which training may have been completed in relation to the Scoop Shop prior to the signing of the Warehouse Addendum)]. OPERATOR shall maintain a competent, conscientious, trained staff, including a fully-trained manager (who may be OPERATOR) and if OPERATOR has multiple Scoop Shops, a fully-trained manager for each Scoop Shop and associated Authorized Warehouse, as applicable.
OPERATOR shall be solely responsible for all employment decisions and functions of the Scoop Shop, including those related to hiring, firing, wage and hour requirements, recordkeeping, supervision, and discipline of employees.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 66–67)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, while Ben Jerrys does not have the right to approve a manager hired by the franchisee, Ben & Jerry's does require that the day-to-day operations of the Scoop Shop be under the direct supervision of the franchisee or a manager who has satisfactorily completed Scoop U Training. The franchisee is responsible for maintaining a competent, conscientious, trained staff, including a fully-trained manager. If the franchisee has multiple Scoop Shops, a fully-trained manager is required for each location.
Ben Jerrys also specifies that the franchisee is solely responsible for all employment decisions, including hiring, firing, and wage requirements. This indicates that while Ben Jerrys doesn't directly approve or disapprove of specific managerial hires, they do set a standard of training (Scoop U Training) that managers must meet.
This requirement ensures that all Ben Jerrys locations maintain a consistent level of service and product quality. For a prospective franchisee, this means budgeting for manager training and ensuring that managerial staff either complete the Scoop U Training or are replaced with someone who has the appropriate training. This also means that the franchisee has the autonomy to make their own hiring decisions, as long as the manager meets the training requirements set by Ben Jerrys.