What is the subject of Section 3-3 in the Ben Jerrys manual?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
3.3 If DEVELOPER will occupy the premises from which the Scoop Shop is operated under a lease or sublease, DEVELOPER shall, prior to the execution of the lease, submit the lease to BEN & JERRY'S for its review to ensure that the lease contains the conditions set forth in the Ben & Jerry's Lease Rider which may include, but are not limited to:
a.
That the initial term of the lease, or the initial term together with renewal terms, shall be for ten (10) years, unless otherwise approved in writing by BEN & JERRY'S;
- b.
That the lessor consents to DEVELOPER'S use of such Proprietary Marks and initial signage as BEN & JERRY'S may prescribe for the Scoop Shop;
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Section 3.3 of the manual pertains to lease requirements for the premises from which the Scoop Shop will operate. Specifically, if a Ben Jerrys developer/franchisee will occupy their shop under a lease or sublease, they must submit the lease to Ben & Jerrys for review before execution.
Ben & Jerrys reviews the lease to ensure it contains conditions outlined in the Ben & Jerry's Lease Rider. These conditions may include a minimum lease term of ten years (including renewals), unless otherwise approved by Ben & Jerrys in writing. The lease must also ensure that the lessor consents to the franchisee's use of Ben & Jerrys's proprietary marks and initial signage for the Scoop Shop.
This requirement ensures that Ben & Jerrys maintains control over the brand's image and the franchisee's operational location. It also protects the franchisee by ensuring the lease terms are favorable and align with the franchise agreement. Prospective franchisees should carefully review the Ben & Jerry's Lease Rider and consult with legal counsel to fully understand their obligations and rights under the lease agreement.