What rights does Ben Jerrys have to enter the premises of a leased Scoop Shop?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- e.
That BEN & JERRY'S have the right to enter the premises to make modifications necessary to protect the Proprietary Marks or the System or to cure any default under the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben & Jerry's retains specific rights regarding access to a franchisee's leased premises. Ben & Jerry's requires that the lease agreement between the franchisee (referred to as DEVELOPER or PROSPECTIVE OPERATOR) and the lessor includes a clause granting Ben & Jerry's the right to enter the premises.
This right of entry allows Ben & Jerry's to make necessary modifications to protect its Proprietary Marks or the overall System. It also enables Ben & Jerry's to address any defaults by the franchisee under the Franchise Agreement. This provision ensures that Ben & Jerry's can maintain brand standards and operational consistency across all franchise locations.
Prior to executing a lease, a prospective Ben & Jerry's operator must submit the lease to Ben & Jerry's for review. This review ensures that the lease contains the conditions set forth in the Ben & Jerry's Lease Rider, including the right of entry. This requirement protects Ben & Jerry's interests and ensures franchisees operate in accordance with the franchise agreement.