Under what condition related to refurbishment will a Ben Jerrys transferee be required to refurbish, renovate, and/or reconstruct the Scoop Shop at their own expense?

According to Ben Jerrys's 2025 Franchise Disclosure Document, a transferee—someone who is acquiring an existing Ben Jerrys Scoop Shop—may be required to refurbish, renovate, or reconstruct the shop at their own expense. This requirement is triggered if the Scoop Shop has not been refurbished within five years of the proposed transfer date, according to the standards outlined in Section 7.17 of the franchise agreement.

If the refurbishment requirement is triggered, the transferee must ensure the Scoop Shop conforms to Ben Jerrys's current standards for building design, trade dress, color schemes, and presentation of proprietary marks. This includes any structural changes, remodeling, redecoration, and modifications necessary to align the shop's image with that of new or recently remodeled Ben Jerrys locations. The refurbishment work must be completed in a manner satisfactory to Ben Jerrys.

This condition is significant for potential transferees because it can represent a substantial, unplanned expense on top of the transfer fees and other acquisition costs. It is important for anyone considering acquiring an existing Ben Jerrys Scoop Shop to determine when the last refurbishment was completed and to factor in the potential cost of a required upgrade to meet current brand standards. This is especially important because the expenditure limitations outlined in Section 7.17 do not apply to transfers under the agreement, meaning there is no cap on how much Ben Jerrys can require the transferee to spend on the refurbishment.