What is a 'Scoop Shop' for Ben Jerrys franchises?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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The Franchises Offered
Ben & Jerry's Scoop Shops are primarily engaged in the sale and distribution of Ben & Jerry's Products and Non-Proprietary Products under the System. If you meet our qualifications and are approved by us, you (individuals, partnerships, corporations, limited liability companies, and the owners of partnerships, corporations, and limited liability companies will be referred to as "you") will sign a Ben & Jerry's Franchise Agreement for a Scoop Shop (the "Franchise Agreement"). If the franchise is owned by more than one individual or a corporation, partnership, or limited liability company, we require that there be an owner, shareholder, partner, or member (who is reasonably acceptable to us) who will have responsibility and decision-making authority regarding the Shop's operations and your business. If the franchisee is a corporation, partnership, or limited liability company, we will require all owners, shareholders, partners, or members to personally sign the guarantee provision in the Franchise Agreement guaranteeing the legal entity's obligations under each agreement. Unless otherwise indicated, the term "Shop" will refer to Scoop Shops and Satellite Shops.
Scoop Shops
In the past, our Parent typically offered, and we continue to offer, franchises for Ben & Jerry's Shops that offer a full range of Ben & Jerry's Products ("Scoop Shops"). Ben & Jerry's Shops may vary, however, in size, assortment of Products offered, design and layout, based on a variety of factors, including the size of the premises, the ability to provide for customer seating, and the type of location and business where the Shop will be operated (such as free standing buildings, in-line units, and self-contained kiosks).
The following describes the most common types of Shops, although these are general descriptions only, and individual Shops may vary depending on the circumstances for each approved site. A "Full-Sized" Shop has an exterior storefront, limited to plentiful seating, a "back of house" support area, and generally offers a full range of our core menu items (these include cups, cones, waffle cones, sundaes, and blended frozen drinks), and possibly extended menu offerings. The range of menu items may be somewhat restricted due to space limitations in some cases. It is typically located at a site of 750 to 1,200 square feet. An "In-line Shop" is the type of Shop typically found in malls and similar facilities where common area seating is available. An In-line Shop typically has an open storefront, small support areas, offers a fewer number of flavors and core menu items, possibly some extended menu items, and typically occupies a site of 450 to 650 square feet. A "Kiosk" is a free-standing, self-contained unit that has no customer seating or support area and has a limited offering of our core menu items and flavors. A Kiosk will require remote storage and typically ranges in size from 100 to 200 square feet.
As described in Item 17, the term of the Franchise Agreement is 10 years. We may, however, agree to enter into a Franchise Agreement for a shorter term if the lease for an otherwise acceptable site is only available for less than a 10-year term. In these cases, the franchisee will also sign a Reduced Term Addendum to Franchise Agreement ("Reduced Term Addendum") (Exhibit F to this Disclosure Document) specifying the term of the franchise.
A Scoop Shop will have a territory (the "Territory"). See Item 12 of this Disclosure Document for additional information regarding how the Territory of a Scoop Shop is determined and the activities that we and you may take within the Territory. You will market the Products to the general public.
Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 9–16)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Scoop Shop is a retail location primarily focused on selling and distributing Ben & Jerry's Products and Non-Proprietary Products under the Ben & Jerry's system. These shops offer a range of Ben & Jerry's products and may vary in size, product assortment, design, and layout. These variations depend on factors such as the size of the location, the availability of customer seating, and the type of location, including free-standing buildings, in-line units, and self-contained kiosks.
Ben Jerrys grants franchisees the right to market products to the general public. Franchisees can also market products away from their shops through off-premises activities like scooping at festivals, fairs, concerts, sporting events, and customers' homes or offices. These activities are termed "Special Events" and "Catering," collectively known as "Off-Premises Activities." Additional avenues include delivery via third parties like Uber Eats and DoorDash, termed "On-Demand Sales," and mobile vending using a truck or trailer.
Ben Jerrys may permit franchisees to establish an Authorized Warehouse for storing ice cream and catering supplies related to off-premises activities and mobile vending. This requires a Warehouse Addendum to the franchise agreement. The document also describes Satellite Shops, which are additional locations that Scoop Shop franchisees may operate under specific criteria, and Test Shops, which are limited operation facilities that existing Scoop Shop franchisees can establish temporarily to explore the potential of a location.
Prospective franchisees should note that Ben Jerrys may be guided by its Mission and Core Values in its decisions. These values encompass product quality, economic sustainability, and social responsibility. Franchisees must also comply with all applicable laws and regulations, including those related to health, safety, and accessibility.