Under what condition does a Deposit Area cease to be part of the Ben Jerrys Development Area?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Each Scoop Shop to be developed hereunder shall be located in the areas described in Exhibit B to this Agreement (each individual area is a "Deposit Area"), and shall be established and operated pursuant to a separate Franchise Agreement to be entered into between DEVELOPER and BEN & JERRY'S.
The Deposit Areas shall, collectively, comprise the "Development Area;" provided, however, that as of the date on which a site for a Scoop Shop to be developed within a Deposit Area is approved by BEN & JERRY'S, as set forth in this Agreement, such Deposit Area shall cease to be part of the Development Area.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a Deposit Area ceases to be part of the Development Area once Ben Jerrys approves a site for a Scoop Shop to be developed within that Deposit Area. The Development Area is comprised of Deposit Areas, which are individual areas described in Exhibit B of the Development Agreement.
This means that a Ben Jerrys developer has exclusive rights to establish Scoop Shops within the Development Area, but those rights are relinquished for a specific Deposit Area once a site within that area is approved. This encourages developers to move forward with approved locations, as Ben Jerrys is then free to develop or franchise others to develop in that specific Deposit Area.
Prospective Ben Jerrys developers should carefully review Exhibit B of the Development Agreement to understand the scope and boundaries of the Deposit Areas within their Development Area. They should also understand the site approval process to ensure they can secure locations and maintain their development rights.