What section of the Ben Jerrys manual covers 'Deliveries'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Such Off-Premises Activities [and/or Mobile Vending] must be conducted in accordance with the terms and conditions stated in this Agreement, in BEN & JERRY'S Confidential Operating Manual (the "Manual"), which is more fully described in Section 9 hereof, or otherwise by BEN & JERRY'S in writing.
OPERATOR, with regard to the Scoop Shop, the Authorized Warehouse [, and the Catering Entity] shall each take such steps as are necessary to ensure that its employees preserve good customer relations; render competent, prompt, courteous, and knowledgeable service; maintain and utilize a telephone or answering service that is responsive to all inquiries related to the business, including requests for Off-Premises Activities [and/or Mobile Vending], cakes and operating hours; and meet such minimum standards as BEN & JERRY'S may establish from time to time in the Manual or otherwise in writing.
- 7.4.1 If BEN & JERRY'S desires the scooping of Products at an Off- Premises Activity in the Territory of OPERATOR, BEN & JERRY'S shall send [OPERATOR/the Catering Entity] a "Request for Notice." If BEN & JERRY'S sends [OPERATOR/the Catering Entity] a Request for Notice and [OPERATOR/the Catering Entity] desires to scoop Products at such Off-Premises Activity, [OPERATOR/the Catering Entity] must send BEN & JERRY'S a signed "Notice of Intent to Scoop" within five (5) business days after receipt by [OPERATOR/the Catering Entity] of such Request for Notice and [OPERATOR/the Catering Entity] must submit to BEN & JERRY'S proof of authorization to scoop Products at such Off-Premises Activity in accordance with the Manual or other writing.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
Based on the 2025 Ben Jerrys Franchise Disclosure Document, the terms and conditions for Off-Premises Activities and/or Mobile Vending, which would include deliveries, are found in Ben Jerrys' Confidential Operating Manual (the "Manual"), as described in Section 9. The manual provides the standards that Ben Jerrys may establish from time to time.
The FDD states that if Ben Jerrys desires the scooping of Products at an Off- Premises Activity in the Territory of OPERATOR, Ben & Jerrys will send the operator a "Request for Notice." The operator must then send Ben & Jerrys a signed "Notice of Intent to Scoop" within five business days after receipt of such Request for Notice with proof of authorization to scoop Products at such Off-Premises Activity in accordance with the Manual or other writing.
The franchisee must conduct Off-Premises Activities and/or Mobile Vending in accordance with the terms and conditions stated in the Franchise Agreement, in Ben & Jerry's Confidential Operating Manual, or as otherwise directed by Ben & Jerry's in writing. The franchisee must also ensure employees preserve good customer relations; render competent, prompt, courteous, and knowledgeable service; maintain and utilize a telephone or answering service that is responsive to all inquiries related to the business, including requests for Off-Premises Activities and operating hours; and meet such minimum standards as Ben & Jerry's may establish from time to time in the Manual or otherwise in writing.