Under the Ben Jerrys Warehouse Addendum, what is the purpose of the addendum itself?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- [23. Acknowledgments. OPERATOR [and the Catering Entity] acknowledge the following:
- a. BEN & JERRY'S is exempt from registration in California pursuant to the California Franchise Investment Law, Section 31101;
- b. OPERATOR has [and the Catering Entity have] received BEN & JERRY'S franchise disclosure document at least ten (10) business days prior to the signing of this Warehouse Addendum; and
- c. Through this Warehouse Addendum, OPERATOR has [and the Catering Entity have] received information concerning the specific sections of the Franchise Agreement proposed to be modified at least ten (10) business days prior to its modification. In addition, OPERATOR acknowledges [and the Catering Entity acknowledge] that this Warehouse Addendum is being
offered to them on a voluntary basis, and that it does not substantially and adversely impact OPERATOR's rights and obligations with the Franchise Agreement; and
- d.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to the 2025 Ben Jerrys Franchise Disclosure Document, the Warehouse Addendum serves to modify specific sections of the existing Franchise Agreement when an operator intends to conduct off-premises activities, such as catering or mobile vending, from an authorized warehouse. The addendum ensures that these activities are conducted according to the terms and conditions outlined within the agreement and Ben Jerrys's operational manual.
Ben Jerrys requires that if a franchisee uses a warehouse, all off-premises activities must be conducted solely from that authorized warehouse. The franchisee cannot conduct these activities through the scoop shop while the Warehouse Addendum is in effect. The addendum also stipulates that the authorized warehouse can only be used for specific purposes, including product storage, catering supplies, general storage, office space, and parking for carts and trucks, unless otherwise approved by Ben Jerrys.
Furthermore, the Warehouse Addendum includes acknowledgements from the operator, confirming that Ben Jerrys is exempt from registration in California, that the operator received the franchise disclosure document at least ten business days before signing the addendum, and that the operator has received information about the specific sections of the Franchise Agreement being modified. The operator also acknowledges that the addendum is offered voluntarily and does not substantially and adversely impact their rights and obligations under the Franchise Agreement.
In the event that the Ben Jerrys operator discontinues the use of the warehouse and is not in default under the Franchise Agreement, they may continue to provide off-premises activities from their scoop shop, according to the terms in the Franchise Agreement. However, ceasing to provide off-premises activities from the authorized warehouse will render the Warehouse Addendum no longer in effect, reverting the terms of the Franchise Agreement to their original form.