Under what conditions can a Ben Jerrys franchisee be excused from the full-time management requirement?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- Section 17.1 of the Franchise Agreement shall be deleted and shall be replaced by the following Section 17.1:
17.1 OPERATOR covenants that, during the term of this Agreement, except as otherwise approved in writing by BEN & JERRY'S, OPERATOR (or, if OPERATOR is other than an individual, an Owner) shall devote full time and best efforts to the management and operation of the Scoop Shop and the Authorized Warehouse. "Full time and best efforts" shall be as set forth by BEN & JERRY'S in the Manual or otherwise in writing, and shall constitute a minimum of 40 hours per week with certain additional availability to attend to issues that arise outside of normal business hours. OPERATOR will devote full time and best efforts to the management and operation of the business and must be present at the Scoop Shop or Authorized Warehouse for such minimum hours of each day that BEN & JERRY'S shall specify in the Manual or otherwise in writing and also be directly responsible for (i) marketing the Scoop Shop, Off-Premises Activities [and/or Mobile Vending]; (ii) customer service and customer relations; (iii) complying with the operation standards, the Manual and other directives in writing; and (iv) management of the staff. OPERATOR acknowledges and agrees that the success of the Scoop Shop, Off-Premises Activities [and/or Mobile Vending] and the System is dependent upon the marketing, solicitation, and sale of the Products under the System. To that end, OPERATOR shall use best efforts to: (1) maximize the sale of the Products in the Territory; (2) promote the Scoop Shop, Off-Premises Activities [and/or Mobile Vending]; and (3) implement recommendations from BEN & JERRY'S.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 66–67)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a franchisee (referred to as "OPERATOR") is generally required to devote full-time and best efforts to managing their Scoop Shop and any associated Authorized Warehouse. This commitment typically involves a minimum of 40 hours per week, along with additional availability for issues outside normal business hours. The franchisee's presence is expected during specified minimum hours each day, as detailed in the Ben Jerrys manual or other written directives. The franchisee is also directly responsible for marketing, customer service, compliance with operational standards, and staff management.
However, there is an exception to this full-time management requirement. Ben Jerrys may provide written approval to the franchisee, allowing for a deviation from the standard full-time commitment. The specific circumstances under which Ben Jerrys might grant such approval are not detailed in this excerpt, but it implies that franchisees can request an exception based on their individual situation.
Prospective franchisees should inquire with Ben Jerrys about the specific criteria and process for obtaining written approval to deviate from the full-time management requirement. Understanding these conditions is crucial for franchisees who may have other business interests or personal obligations that could impact their ability to meet the standard full-time commitment.