What sections of the Ben Jerrys agreements cover compliance with standards and policies?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
7.1 OPERATOR understands and acknowledges that every detail of the System and this Agreement is important to OPERATOR, BEN & JERRY'S, and other operators in order to develop and maintain high operating, quality and service standards, to increase the demand for the Products sold by all operators, to protect Scoop Shops operating under the System, and to protect the brand, reputation and goodwill of BEN & JERRY'S. OPERATOR shall operate the Scoop Shop in strict conformity with such standards and specifications as BEN & JERRY'S may from time to time prescribe in the Manual or otherwise in writing, and shall refrain from deviating from such standards, specifications, and procedures without the prior written consent of BEN & JERRY'S.
7.11.8 OPERATOR agrees to comply with such directives related to OPERATOR's compliance with the applicable industry regulations and/or guidelines related to the processing of credit/debit cards promulgated by the card issuers (e.g., Cardholder Information Security Program ("CISP") promulgated by Visa®)) and/or service companies/organizations, such as the Payment Card Industry ("PCI") Data Security Standards, as those standards may be revised and modified by the PCI Security Standards Council, LLC (see www.pcisecuritystandards.org), or any successor organization or standards that BEN & JERRY'S may reasonably specify in the Manual or otherwise in writing.
7.11.9 BEN & JERRY'S and OPERATOR agree that changes to technology are dynamic and are not predictable within the term of this Agreement.
In order to provide for inevitable but unpredictable changes to technological needs and opportunities, OPERATOR agrees that BEN & JERRY'S may establish from time to time in the Manual or otherwise in writing reasonable new standards for the implementation of technology in the System.
OPERATOR agrees to comply with any reasonable new standards for technology and to pay a reasonable technology or other licensing fee to BEN & JERRY'S to cover the costs for the same.
17.9 OPERATOR agrees to comply with and/or to assist BEN & JERRY'S to the fullest extent possible in BEN & JERRY'S efforts to comply with Anti-Terrorism Laws (as defined below).
5.5 In renovating, constructing, and equipping the Scoop Shop, OPERATOR shall comply with all of the applicable provisions of the ADA and shall not discriminate against anyone on the basis of disability or any other protected class.
13.1 OPERATOR shall procure, prior to the commencement of construction or any operations under this Agreement, and shall maintain in full force and effect at all times during the term of this Agreement, at OPERATOR's expense, an insurance policy or policies protecting OPERATOR, and BEN & JERRY'S against any demand or claim with respect to personal injury, death, or property damage, or any loss, liability, or expense whatsoever arising or occurring upon or in connection with the Scoop Shop, including comprehensive general liability insurance, property and casualty insurance, statutory workers' compensation insurance, and product liability insurance. Such policy or policies shall reflect industry standards, shall be written by a responsible carrier or carriers acceptable to BEN & JERRY'S, shall name BEN & JERRY'S and its affiliates as additional insureds, and shall provide at least the types and minimum amounts of coverage as are specified in the Manual, or as otherwise prescribed by BEN & JERRY'S in writing, as such may be modified by BEN & JERRY'S from time to time.
15.3.5 If OPERATOR fails to maintain or observe any of the health and sanitation standards and procedures prescribed by BEN & JERRY'S in this Agreement, the Manual or otherwise in writing.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 41–43)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, several sections of the franchise agreement outline the franchisee's responsibilities for complying with the brand's standards and policies. Section 7.1 emphasizes the importance of adhering to Ben Jerrys's System standards to maintain high operating, quality, and service levels, protect the brand's reputation, and increase demand for products. It states that the franchisee must operate the Scoop Shop in strict conformity with the standards and specifications prescribed in the manual or in writing by Ben Jerrys, and must not deviate from these without prior written consent.
Section 7.11.8 requires franchisees to comply with industry regulations and guidelines related to processing credit/debit cards, such as the Cardholder Information Security Program (CISP) and the Payment Card Industry (PCI) Data Security Standards. This includes implementing security enhancements and standards required by CISP, PCI Security Standards Council, or their equivalents. Section 7.11.9 acknowledges that technology changes are dynamic and unpredictable, allowing Ben Jerrys to establish new technology standards in the manual or in writing, with which the franchisee must comply, potentially incurring technology or licensing fees.
Section 17.9 requires franchisees to comply with and assist Ben Jerrys in complying with Anti-Terrorism Laws. Section 5.5 requires franchisees to comply with all applicable provisions of the ADA (Americans with Disabilities Act) in renovating, constructing, and equipping the Scoop Shop, ensuring no discrimination based on disability or any other protected class. Section 13 discusses insurance requirements, stating that the franchisee must procure and maintain insurance policies that meet industry standards and the minimum coverage amounts specified in the manual or as otherwise prescribed by Ben Jerrys in writing. Failure to adhere to these standards and policies can result in termination of the franchise agreement as described in section 15.3.5, which states that failure to maintain or observe health and sanitation standards and procedures prescribed by Ben Jerrys in the agreement, the manual, or otherwise in writing can lead to termination.