What rights does Ben Jerrys retain regarding businesses outside of the Development Area?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
1.3.1 To acquire, be acquired by, own, establish and/or operate, and license others to establish and operate, businesses under the Proprietary Marks and the System at any location outside of the Development Area;
1.3.2 To own, acquire, establish, and/or license others to establish and operate businesses, including those under the Proprietary Marks, selling the Products at any location outside the Development Area;
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys retains specific rights regarding businesses outside a franchisee's Development Area. Ben Jerrys has the right to acquire, own, establish, operate, and license others to do the same under their Proprietary Marks and System at any location outside the Development Area. This means Ben Jerrys is not restricted from opening or franchising new locations outside of the area granted to the developer.
Furthermore, Ben Jerrys retains the right to own, acquire, establish, and license others to operate businesses selling the Products under the Proprietary Marks at any location outside the Development Area. This includes various business types.
These retained rights allow Ben Jerrys to expand its brand presence and market reach beyond the territories granted to individual developers. This is a standard practice in franchising, allowing the franchisor to pursue strategic growth opportunities without being limited by territorial agreements.