What is the 'Test Expiration' date that defines the term of the Addendum for a Ben Jerrys franchise?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
BEN & JERRY'S in all inspections by rendering such assistance as BEN & JERRY'S may reasonably request. Failure to comply with the Manual and standards and/or failure of any inspection shall be, at the discretion of BEN & JERRY'S, grounds for immediate termination. If OPERATOR fails any inspection and BEN & JERRY'S determines that a re-inspection is required, OPERATOR shall reimburse BEN & JERRY'S
for the travel expenses of the representative of BEN & JERRY'S incurred during any subsequent inspection to ensure all deficiencies have been corrected.
2.5 In no way limiting the foregoing, OPERATOR agrees to comply with all provisions of the Manual and any written directives of BEN & JERRY'S applicable to the operation of the Test Shop.
3. TEST PERIOD
- 3.1 Unless sooner terminated, the term of this Addendum shall be from the Effective Date until ___________, 20___ (the "Test Expiration").
- 3.2 If OPERATOR wishes to continue operating as a franchisee of BEN & JERRY'S at the Approved Location beyond the Test Expiration, OPERATOR shall give BEN & JERRY'S written notice, at least thirty (30) days prior to the Test Expiration, of OPERATOR's desire to continue the operations of the Test Shop and to enter into a separate Franchise Agreement for such purposes.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the 'Test Expiration' date defines the term of the Test Shop Addendum. The addendum term runs from the Effective Date until the Test Expiration date, which is left blank in the document as "__________ 20__".
If a Ben Jerrys operator wishes to continue as a franchisee beyond the Test Expiration, they must notify Ben Jerrys in writing at least thirty days prior to the Test Expiration. However, the document clarifies that the initial Test Shop Addendum does not guarantee that Ben Jerrys will approve the operator's request to continue operating beyond the Test Expiration, or that the location will be deemed suitable for a permanent Ben Jerrys scoop shop.
If Ben Jerrys agrees to allow the operator to continue operating the Test Shop on a non-test basis, the operator must execute the then-current form of the franchise agreement. This new agreement will supersede the Addendum and may include different terms, such as a new initial franchise fee (subject to a credit for the initial test fee), a higher royalty fee, and marketing contributions. A prospective franchisee should clarify the typical duration of the test period and the factors that Ben Jerrys considers when deciding whether to offer a full franchise agreement at the end of the test period.