What is the scope of Ben Jerrys' review of the final plans and specifications for a Shop?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
You will be solely responsible for ensuring that such plans and specifications comply with the ADA and all other applicable regulations, ordinances, building codes and permit requirements and with lease or sublease requirements and restrictions, if any. You, or your design firm on your behalf, must submit final plans and specifications to us for approval before construction of the Shop begins. Our review is not designed to assess compliance with federal, state or local laws and regulations and is limited to review of such plans to access compliance with our design standards for Shops, including such items as trade dress, presentation of Proprietary Marks, and the provision to the potential customer of certain products and services that are central to the functioning of Shops. Additionally, prior to opening the Shop (and prior to renovating it after the initial opening), you must sign and deliver to us an ADA Certification (in the form that is attached as Exhibit B to the Franchise Agreement), certifying to us that the Shop and any proposed renovations comply with the ADA.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 43–60)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees are responsible for ensuring their Shop's plans and specifications comply with the ADA, regulations, ordinances, building codes, permit requirements, and any lease or sublease restrictions. The franchisee, or their design firm, must submit final plans to Ben Jerrys for approval before construction.
However, Ben Jerrys's review is limited. It is not designed to assess compliance with laws and regulations. Instead, Ben Jerrys focuses on whether the plans meet their design standards for Shops. This includes elements like trade dress, presentation of Proprietary Marks, and the provision of products and services central to the Shops' operation.
Prior to opening or renovating, franchisees must also provide Ben Jerrys with an ADA Certification, confirming the Shop's compliance with the Americans with Disabilities Act. This indicates that while Ben Jerrys reviews plans for aesthetic and brand consistency, the franchisee bears the ultimate responsibility for legal compliance.