Under what section of the agreement must the customer lists be accessible to Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
ROSPECTIVE OPERATOR is not an existing operator in the System prior to entering into this Agreement, the Deposit shall be in the amount of $10,000. If the PROSPECTIVE
OPERATOR is an existing operator in the System prior to entering into this Agreement, the Deposit shall be in the amount of $5,000.
- Extension of Evaluation Period and Refundability of the Deposit. In the event that PROSPECTIVE OPERATOR desires an extension of the Evaluation Period, PROSPECTIVE OPERATOR must submit a request, in writing, at least thirty (30) days prior to the expiration of the Evaluation Period. The Evaluation Period then may be extended, at BEN & JERRY'S discretion, for a period of six (6) months for each extension.
At the end of the initial Evaluation Period or, if applicable, the last of any granted extensions, this Preliminary Agreement shall automatically expire and be of no further force or effect except as specifically set forth herein.
| OPERATOR acknowledges and agrees that any customer lists, customer files, | |
|---|---|
| databases, records, mailing lists, and any other customer information obtained in conjunction | |
| with the operation of the OPERATOR’s Shop, or obtained in connection with OPERATOR’S | |
| Off-Premises Activities, On-Demand Sales and Mobile Vending (collectively, the “Customer | |
| Lists” ”), shall be the exclusive property of BEN & JERRY’S and shall constitute proprietary | |
| information of BEN & JERRY’S. |
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, any customer lists, files, databases, records, mailing lists, and other customer information obtained by the franchisee are the exclusive property of Ben Jerrys. Ben Jerrys has the right to use these customer lists in any manner they deem appropriate without compensating the franchisee.
Specifically, the FDD states that such customer lists must be accessible to Ben Jerrys pursuant to Section 7.11.2 of the Franchise Agreement. The franchisee is prohibited from disclosing these customer lists to any third party without prior written consent from Ben Jerrys, both during and after the term of the agreement.
However, Ben Jerrys licenses the use of this data back to the franchisee at no additional cost. This license is solely for the term of the agreement and only for the franchisee's use in connection with the Scoop Shop. This means that while Ben Jerrys owns the customer data, the franchisee can use it to operate their Ben Jerrys location during the franchise term.