What sections of the Development Agreement and Franchise Agreement specify the site development and other pre-opening requirements for a Ben Jerrys franchise?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING]
ITEM 11 FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING
Except as listed below, we are not required to provide you with any assistance.
Pre-Opening Obligations
We are required by the Preliminary Agreement, Franchise Agreement and Development Agreement to provide the following types of assistance to you before you open the Shop:
Preliminary Agreement
If you sign a Preliminary Agreement, we will provide the following types of assistance and services to you:
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- We will review your request for a location and preliminary design approval, if you will lease or sublease the premises. (Preliminary Agreement § 6)
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- We will also review the lease or sublease to ensure that the lease contains the provisions required in the Preliminary Agreement, and that the duration of the lease is the same as
the term of your Franchise Agreement. (Preliminary Agreement § 7) The current form of required Lease Rider appears as Exhibit J to this Disclosure Document.
Franchise Agreement
Before you open the Shop, we will provide the following types of assistance and services to you:
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- We will make available standardized plans and specifications for the Shop, which will include prototype interior design and layout, fixtures, equipment, furnishings, and signs and graphics. We also have the right to designate one or more design firms and architectural firms for use by all franchisees developing new Ben & Jerry's Shops. (Franchise Agreement §§ 3.1 and 5.1)
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- We will provide our initial training program ("Scoop University," "Scoop U," or "Scoop U Training") for up to 3 trainees for any Scoop Shop within the first 6 months of opening. (Franchise Agreement § 3.2). In certain circumstances, Scoop U Training may occur virtually, with the curriculum modified accordingly.
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- We will provide on-site pre-opening and opening supervision and training as we deem advisable. (Franchise Agreement § 3.3)
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- We will provide you permission to access the Manual by electronic means (such as through the Ben & Jerry's Extranet) for the term of your franchise. (Franchise Agreement § 3.5)
Development Agreement
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 41–43)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Item 11 discusses the pre-opening obligations outlined in the Preliminary Agreement, Franchise Agreement, and Development Agreement.
Specifically, regarding the Development Agreement, the franchisee (referred to as "DEVELOPER") must comply with the Development Schedule, locate sites for Scoop Shops, and submit site evaluation packages (SEPs) to Ben & Jerry's for approval. Ben & Jerry's has ten business days to approve or disapprove each proposed site. The franchisee must then execute a lease or purchase agreement within 30 days of site approval and deliver the Franchise Agreement to Ben & Jerry's within seven days of executing the lease or purchase agreement.
Under the Franchise Agreement, Ben & Jerry's will provide standardized plans and specifications for the shop, including interior design, layout, fixtures, equipment, furnishings, and signs. Ben & Jerry's also provides an initial training program called "Scoop University" for up to three trainees within the first six months of opening. Additionally, Ben & Jerry's will provide on-site pre-opening and opening supervision and training as deemed advisable and access to the Manual by electronic means for the term of the franchise.