Under what circumstances should a prospective Ben Jerrys franchisee NOT complete or sign the Franchisee Compliance Questionnaire and Certification (for New Operators)?

According to Ben Jerrys's 2025 Franchise Disclosure Document, there are specific instances where a prospective franchisee should not complete or sign the Franchisee Compliance Questionnaire and Certification for New Operators. This questionnaire is designed to identify any unauthorized or misleading statements made during the franchise application process. However, its applicability is limited based on the location of the scoop shop.

The document explicitly states that if the offer or sale of the Ben Jerrys scoop shop is subject to franchise disclosure laws in certain states, the questionnaire should not be completed or signed. These states include California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin. This suggests that Ben Jerrys adheres to specific state franchise laws that may supersede the need for this particular questionnaire in those regions.

Furthermore, the document emphasizes that the Franchisee Compliance Questionnaire and Certification should not be signed if the Ben Jerrys franchise is to be operated in, or if the franchisee is a resident of, California or Maryland. This instruction reinforces the importance of adhering to state-specific regulations and highlights that the questionnaire's purpose may be fulfilled through alternative compliance measures in these states. Prospective franchisees should carefully note these conditions to ensure they comply with the correct procedures when purchasing a Ben Jerrys franchise.