What is a Site Evaluation Package (SEP) for a Ben Jerrys franchise?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
DEVELOPER any right to use the Proprietary Marks or the System or to sell or distribute any Products.
- 1.5 DEVELOPER shall have no right under this Agreement to franchise others to use the Proprietary Marks or the System, or to sell, assign or otherwise transfer any portion of DEVELOPER's interest in the Development Area or its development rights under this Agreement.
2. TERM
Unless sooner terminated in accordance with the provisions of this Agreement, this Agreement shall commence on the date hereof and shall expire on the date upon which DEVELOPER is required to enter into a Franchise Agreement for the final Scoop Shop to be developed and opened pursuant to this Agreement.
3. DEVELOPMENT OBLIGATIONS
- 3.1 Recognizing that time is of the essence, DEVELOPER shall comply strictly with the Development Schedule. DEVELOPER acknowledges and agrees that the Development Schedule requires that DEVELOPER have executed and delivered Franchise Agreements for a cumulative number of Scoop Shops and opened a cumulative number of Scoop Shops within the time periods specified.
- 3.2 DEVELOPER agrees to locate and submit specific sites for Scoop Shops. DEVELOPER shall submit to BEN & JERRY'S a site evaluation package ("SEP"), in a form prescribed by BEN & JERRY'S, identifying each proposed site and describing the preliminary design, relevant demographic and cost factors concerning each site. BEN & JERRY'S shall have the right to require that DEVELOPER simultaneously submit SEPs for up to three (3) proposed sites. BEN & JERRY'S shall have ten (10) business days after receipt of a SEP from DEVELOPER to approve or disapprove each proposed site for each Scoop Shop.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Site Evaluation Package (SEP) is a collection of documents that a prospective franchisee or developer submits to Ben Jerrys for each proposed location. The SEP must be in a format prescribed by Ben Jerrys.
The SEP identifies the proposed site and describes its preliminary design, along with relevant demographic and cost factors. Ben Jerrys has the right to require the franchisee to submit SEPs for up to three proposed sites simultaneously. Ben Jerrys then has ten business days after receiving the SEP to either approve or disapprove the proposed site.
Written approval of the proposed site, including its preliminary design, comes in the form of a Site Authorization Notice. The franchisee must obtain this notice before executing a lease or binding agreement to purchase the proposed site. After receiving approval, the franchisee has 30 days to execute a lease or purchase agreement. Ben Jerrys may also provide limited site selection assistance and on-site evaluation after reviewing the SEP.