What does Ben Jerrys' site authorization NOT imply about the proposed site?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Please note that authorization of the above Site does not imply or suggest potential success. We may have provided you with one or more potential sites for you to consider. Regardless, we do not, and none of our officers, directors, employees and agents are authorized to, make any representation or warranty, express or implied, as to the suitability or profitability of the proposed Site. Our recommendation and/or authorization only indicates that the proposed site meets our basic criteria. Please recognize that the application of criteria which may have been relevant with respect to a review of other potential sites may not be predictive of the results of this particular Site. Furthermore, subsequent to our authorization of this particular Site, changes in a number of relevant factors, such as demographics, traffic, and competition may materially affect the ultimate success of the Shop on this Site. These factors are beyond our control and we cannot be responsible for the failure of the Site to meet your expectations as to potential revenues or otherwise.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Site Authorization Notice does not imply potential success or profitability of the proposed site. Ben Jerrys states that while they may provide potential sites for consideration, they do not make any representations or warranties, express or implied, regarding the suitability or profitability of the location. The authorization only indicates that the site meets Ben Jerrys's basic criteria at the time of evaluation.
Ben Jerrys emphasizes that factors relevant to other sites may not predict the results of a specific site. Furthermore, changes in demographics, traffic, and competition after the authorization could significantly affect the shop's success. These factors are beyond Ben Jerrys's control, and they are not responsible if the site fails to meet the franchisee's expectations regarding revenue or other criteria.
Therefore, it is crucial for prospective Ben Jerrys franchisees to conduct their own independent investigation of the site's suitability. This includes speaking with other franchisees, researching the landlord, development, and local economy. Ben Jerrys strongly encourages franchisees to perform thorough due diligence to understand the potential risks and rewards associated with the location.