factual

For Ben Jerrys, what sections of the franchise agreement define the territory?

Ben_Jerrys Franchise · 2025 FDD

Answer from 2025 FDD Document

ments of each party to the other party set forth herein and in the Franchise Agreement, hereby mutually agree as follows:

  1. The parties acknowledge and agree that the term "Scoop Shop," as used in the Franchise Agreement and this Addendum, and as it relates to the franchised "Ben & Jerry's" Scoop Shop to be owned and operated by OPERATOR pursuant to the Franchise Agreement, shall incorporate the term "Satellite Shop" as that term is defined in Paragraph D of the Recitals of this Addendum.
    1. The parties acknowledge and agree that the rights granted to, and the obligations assumed by, OPERATOR under Section 1.1 of the Franchise Agreement to operate a "Scoop Shop" shall be for the operation of a Satellite Shop.
    1. Section 1.2 of the Franchise Agreement shall be deleted in its entirety and shall have no force or effect, and shall be replaced with the following:
    • 1.2 BEN & JERRY'S may grant OPERATOR the right, but not the obligation, to engage in off-premises activities, including scooping at festivals, fairs, concerts, sporting events and other events ("Special Events"), scooping at customers' homes, offices, celebrations and other locations ("Catering") (hereinafter, Special Events and Catering are collectively referred to as "Off-Premises Activities"), delivery by third parties (e.g., Uber Eats, GrubHub and Door Dash) to customers' homes, offices and other locations ("On-Demand Sales"), and the scooping of Products from a mobile scooping facility such as a truck of trailer ("Mobile Vending") with such Off-Premises Activity, On-Demand Sales and Mobile Vending to be approved by BEN & JERRY'S as described below in Section 7.3. All Off-Premises Activities, On-Demand Sales and Mobile Vending shall be subject to the terms stated in this Agreement and as may be set forth 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.
    1. Section 1.4 of the Franchise Agreement shall be deleted in its entirety and shall have no force or effect, and shall be replaced with the following:
    • 1.4 OPERATOR acknowledges that this Agreement does not grant or imply any protected area or territory for the Scoop Shop. During the term of this Agreement, BEN & JERRY'S may establish or operate, or license any other person to establish or operate, a Scoop Shop, other type of Ben & Jerry's Shops (collectively, "Shops") selling the Ben & Jerry's Products and Non-Proprietary Products (collectively, the "Products") at any location except the Authorized Location. BEN & JERRY'S retains the rights, among others, on any terms and conditions BEN & JERRY'S deems advisable, and without granting OPERATOR any rights therein:
    • 1.4.1 To own, acquire, establish, and/or operate and license others to establish and operate, Shops selling the Products at any location except the Authorized Location;
    • 1.4.2 To own, acquire, establish and/or operate and license others to establish and operate, businesses under the Proprietary Marks, at any location, and which may be similar to Shops, but which do not operate under the System and are not operating as retail scooped ice cream, sorbet and/or frozen yogurt businesses (this provision in no way limits the other rights reserved under Section 1.4.4);

Source: Item 22 — CONTRACTS (FDD pages 133–134)

What This Means (2025 FDD)

According to Ben Jerrys's 2025 Franchise Disclosure Document, Section 1.2 of the Franchise Agreement is deleted in its entirety and replaced. The new section 1.2 states that Ben Jerrys may grant the operator the right, but not the obligation, to engage in off-premises activities, including scooping at festivals, fairs, concerts, sporting events and other events, scooping at customers' homes, offices, celebrations and other locations, delivery by third parties to customers' homes, offices and other locations, and the scooping of Products from a mobile scooping facility such as a truck of trailer with such Off-Premises Activity, On-Demand Sales and Mobile Vending to be approved by Ben Jerrys as described below in Section 7.3.

Also, Section 1.4 of the Franchise Agreement is deleted in its entirety and replaced. The new section 1.4 states that the Operator acknowledges that this Agreement does not grant or imply any protected area or territory for the Scoop Shop. During the term of this Agreement, Ben Jerrys may establish or operate, or license any other person to establish or operate, a Scoop Shop, other type of Ben & Jerry's Shops selling the Ben & Jerry's Products and Non-Proprietary Products at any location except the Authorized Location. Ben Jerrys retains the rights, among others, on any terms and conditions Ben Jerrys deems advisable, and without granting Operator any rights therein.

Exhibit A of the Franchise Agreement is also deleted in its entirety and replaced. The replacement Exhibit A is attached to the addendum. Section 7.2 of the Franchise Agreement is deleted in its entirety and replaced. The new section 7.2 states that the Operator shall use the premises of the Scoop Shop solely for the operation of the Scoop Shop; shall keep the Scoop Shop open and in normal operation continuously during the period specified in Exhibit A for such minimum hours and days as may be specified by Operator's lease (or in the event that Operator's lease does not designate minimum hours and days, such minimum hours and days as Ben Jerrys may specify in the Manual or otherwise in writing); and shall refrain from using or permitting the use of the Premises for any other purpose or activity at any time without first obtaining the written consent of Ben Jerrys.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.