Does Ben Jerrys have the right to change or modify the System?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
alls. If OPERATOR fails or refuses to comply with a recall of the Products upon request by BEN & JERRY'S, BEN & JERRY'S shall be authorized to take such action as it deems necessary to recall the relevant Products from the Scoop Shop and from customers, and OPERATOR shall reimburse BEN & JERRY'S for its costs and expenses incurred in such recall procedure. Any such action taken by BEN & JERRY'S shall not relieve OPERATOR of its obligations or liability hereunder. If a recall is caused by a defect in the Ben & Jerry's Products, BEN & JERRY'S shall reimburse OPERATOR as provided by Section 3.8.3.
- 7.29 OPERATOR acknowledges and agrees that BEN & JERRY'S has the right to change or modify from time to time the System as BEN & JERRY'S deems appropriate, including to reflect the changing market and to meet new and changing consumer demands, and that variations and additions to the System may be required from time to time to preserve and enhance the public image of the System and operations of Shops. BEN & JERRY'S changes to the System may include the adoption and use of new or modified products, services, equipment and furnishings and new techniques and methodologies relating to the preparation, sale, promotion and marketing of food products and services, and (as described in Section 8 below) trademarks, service marks and copyrighted materials. OPERATOR shall, upon reasonable notice and at OPERATOR's sole expense, accept, implement, use and display in the operation of the Scoop Shop any such changes in the System, as if they were part of this Agreement at the time it was executed. Additionally, because of different circumstances applicable to different operators, uniformity may not always be possible or practical. BEN & JERRY'S reserves the right, at its sole option, to vary the standards throughout the System, as well as the franchise agreement
terms and the services and assistance that BEN & JERRY'S may provide to some operators upon the peculiarities of a particular site or circumstance, existing business practices, or other factors that BEN & JERRY'S deems to be important to the operation of any Shop or the System. OPERATOR shall have no recourse against BEN & JERRY'S on account of any variation to any operator and shall not be entitled to require BEN & JERRY'S to provide OPERATOR with a like or similar variation hereunder.
- 7.30 OPERATOR agrees to install and maintain one or more security cameras as required and/or specified by BEN & JERRY'S in the Manual or otherwise in writing, subject to any limitations imposed by any applicable law.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's retains the right to modify the System as it deems appropriate. This includes changes that reflect the evolving market, meet consumer demands, and preserve the brand's public image. These modifications may involve adopting new or altered products, services, equipment, furnishings, techniques, and methodologies related to the preparation, sale, promotion, and marketing of food products and services, as well as changes to trademarks, service marks, and copyrighted materials.
As a Ben Jerrys franchisee, you are obligated to accept and implement these changes at your own expense upon receiving reasonable notice. This means franchisees must adapt their Scoop Shop operations to incorporate any new standards or requirements set by Ben & Jerry's. While uniformity is generally expected across the Ben Jerrys system, the document acknowledges that variations may occur due to different circumstances applicable to individual operators. Ben & Jerry's reserves the right to vary standards and franchise agreement terms based on site-specific peculiarities, existing business practices, or other factors it deems important.
Furthermore, Ben & Jerry's has the right to operate, develop, and change the System in any manner not specifically precluded by the franchise agreement. When Ben & Jerry's exercises its rights, options, or discretion, it will satisfy its obligations whenever it exercises reasonable business judgment in making its decisions. This business judgment will be deemed reasonable even if other alternatives are available, as long as the decision is intended to benefit the System generally. This clause provides Ben & Jerry's with considerable latitude in adapting the franchise system to changing market conditions and consumer preferences, potentially requiring franchisees to invest in updates or modifications to their operations.