Is there a limit to how many Cooperatives a Ben Jerrys OPERATOR must be a member of?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
If a Cooperative is established for the geographic area in which the Scoop Shop is located, OPERATOR shall become a member of such Cooperative within thirty (30) days after the date on which the Cooperative commences operation.
OPERATOR shall not be required to be a member of more than one (1) Cooperative, except to the extent that OPERATOR owns multiple Scoop Shops located in different geographic markets.
Each Cooperative shall be organized and governed in a form and manner prescribed or approved by BEN & JERRY'S in writing.
Any disputes arising among or between OPERATOR, other franchisees in the Cooperative, and/or the Cooperative, shall be resolved in accordance with the rules and procedures set forth in the Cooperative's governing documents.
OPERATOR's contributions to a Cooperative shall be credited towards satisfaction of the obligation for expenditures for local advertising and promotional activities as BEN & JERRY'S may require pursuant to Section 12.1 above, but shall not be credited towards required contributions to the Fund.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Ben & Jerrys OPERATOR is generally limited to being a member of only one Cooperative. However, there is an exception to this rule. If an OPERATOR owns multiple Scoop Shops located in different geographic markets, they may be required to be a member of a Cooperative for each of those different geographic areas.
Ben & Jerrys retains the right to designate geographical areas for establishing market advertising funds, which are referred to as "Cooperatives." If a Cooperative is established for the area where the Scoop Shop is located, the OPERATOR must become a member within 30 days of the Cooperative's commencement.
These Cooperatives are organized and governed as prescribed or approved by Ben & Jerrys. Any disputes arising between the OPERATOR, other franchisees, and/or the Cooperative will be resolved according to the Cooperative's governing documents. The OPERATOR's contributions to the Cooperative will count towards their local advertising and promotional expenditure obligations, but not towards required contributions to the Fund.