Franchising Since: 1981
Headquarters: South Burlington, Vermont
Estimated Number of Units: 155 (US only)
Franchise Description: Ben & Jerry’s Franchising, Inc. is the franchisor. Franchisees operate a “Ben & Jerry’s” ice cream scoop shop featuring a menu of ice cream, ice milk, sorbet, frozen yogurt, frozen desserts, toppings, confections, novelties, fountain drinks, and other food and beverage items. Ben & Jerry’s scoop shops may vary in size, assortment of products offered, design and layout, based on a variety of factors, including the size of the premises, the ability to provide for customer seating, and the type of location and business where the shop will be operated (such as free standing buildings, in-line units, and self-contained kiosks). Under a separate FDD, the franchisor offers a franchise program to individuals and businesses that operate as contract feeders and providers of food and other managed services to various types of facilities, institutions and other special purpose venues (the “Special Venue Scoop Shop Program”).
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Territory Granted: Franchisees will not receive an exclusive territory. The Franchise Agreement will specify an authorized location for the shop. The size and scope of the territory will be determined on a case-to-case basis. The factors that the franchisor considers in determining the size of a territory include current and projected market demand, demographics and population, traffic patterns, access and visibility, location of other scoop shops and the franchisor’s future development plans. During the term of the Franchise Agreement, the franchisor will not establish or operate, nor license any other person to establish or operate a shop in the territory except as may be permitted under the Franchise Agreement.
Obligations and Restrictions: During the term of the franchise, except as the franchisor otherwise approves in writing, franchisees must devote their “full time and best efforts” to the management and operation of the shop, which consists of a minimum of 40 hours per week with certain additional availability to attend to issues that arise outside of the normal business hours that they determine need to be addressed. Franchisees may hire one or more fully trained managers who have completed Scoop U Training to assist them with the operation of the shop so long as the franchisee maintains their full-time role as the operator of their shop(s). Either franchisees, or their fully trained manager who has completed Scoop U Training to the franchisor’s satisfaction, must, at all times, provide supervision of the shop. If the franchisees are a corporation, a partnership, or a limited liability company, they must have a person who has a minimum of 20% beneficial interest in the entity that is the franchisee devote his/her full time and best efforts to the management and operation of the shop. Franchisees must not use the premises of their shop for any other purpose or activity that is not provided for in the Franchise Agreement without first obtaining the franchisor’s written consent. Franchisees must keep the shop open and in normal operation for the minimum hours and days is required by their lease (or, if the lease does not state minimum hours and days, then the minimum hours and days that the franchisor may specify in the manual or otherwise in writing). Franchisees must sell only those products that the franchisor has expressly approved in writing, and which meet its current standards as established in the manual or otherwise in writing. Franchisees must not sell any other kind of service or product without first obtaining the franchisor’s written consent.
Term of Agreement and Renewal: The term of the franchise agreement is 10 years for scoop shops (unless the franchisor agrees to a shorter period). Franchisees may renew for one additional period of 10 years for scoop shops (unless the franchisor goes to a shorter period), if requirements are met.
Financial Assistance: The franchisor does not offer direct or indirect financing. The franchisor will not guarantee a franchisee’s note, lease or obligation.
Estimated Initial Investment
Name of Fee | Low | High |
Preliminary Agreement Deposit (to be credited towards initial franchise fees) | $5,000 | $10,000 |
Initial Franchise Fee | $19,750 | $39,500 |
Plans, Development & Permits | $3,500 | $12,000 |
Leasehold Improvements & Construction | $55,000 | $230,000 |
Furniture, Fixtures, Equipment, Casework, & Smallwares | $65,000 | $135,000 |
Signage | $5,000 | $17,500 |
Professional Fees | $3,000 | $6,000 |
POS | $1,800 | $2,300 |
Online Ordering System Hardware | $1,000 | $1,500 |
Internet Connectivity and Telephone | $1,000 | $1,500 |
Deposits | $3,000 | $8,000 |
Initial Training | $1,000 | $3,000 |
Inventory | $6,000 | $14,000 |
Insurance | $500 | $2,500 |
Grand Opening Advertising | $3,000 | $3,000 |
Additional Funds (3 months) | $50,000 | $75,000 |
ESTIMATED TOTAL* | $218,550 | $550,800 |
Name of Fee | Low | High |
Preliminary Agreement Deposit (to be credited towards initial franchise fees) | $5,000 | $10,000 |
Initial Franchise Fee | $19,750 | $39,500 |
Plans, Development & Permits | $1,500 | $5,000 |
Leasehold Improvements & Construction | $5,500 | $65,000 |
Kiosk base fee — includes front and back counters, lighting, sinks, sneeze guards, & delivery | $45,000 | $65,000 |
Equipment and Smallwares | $24,000 | $35,000 |
Menu Board Systems | $1,600 | $3,500 |
Signage | $1,000 | $7,500 |
Professional Fees | $3,000 | $6,000 |
POS | $1,800 | $2,300 |
Online Ordering System Hardware | $1,000 | $1,500 |
Internet Connectivity and Telephone | $1,000 | $1,500 |
Deposits | $3,000 | $8,000 |
Initial Training | $1,000 | $3,000 |
Inventory | $6,000 | $10,000 |
Insurance | $500 | $2,500 |
Grand Opening Advertising | $3,000 | $3,000 |
Additional Funds (3 months) | $50,000 | $75,000 |
ESTIMATED TOTAL** | $168,650 | $333,300 |
Other Fees
Type of Fee | Amount |
Royalty | Currently 3% of gross sales. |
Advertising Obligations | Total: Varies but total will not exceed 4% of gross sales. Current Allocation: local advertising and promotion: 2%; fund contributions: 2%; cooperative contributions: none. |
Transfer | $6,000 |
Renewal Fee | $12,000 |
Training for New or Replacement Manager(s) | The then-current fee for Scoop U Training (currently $1,800). |
Refresher Training | The then-current fee for refresher training (currently $0). |
Audit by Franchisor | Cost and expenses connected with inspection and audit (including travel, lodging, and wage expenses, and reasonable accounting and legal costs). |
Re-Inspection Fee | Will vary under circumstances. |
Interest on Overdue Payments | 1.5% per month, or maximum rate permitted by law. |
Fee on Returned Checks | The then-current fee for returned checks (currently $0). |
Insurance Procurement | Cost of procuring insurance for the franchisee. |
Relocation Fee | $3,000 |
Securities Offering | Will vary under circumstances. |
Costs and Attorneys' Fees | Will vary under circumstances. |
Indemnification | Will vary under circumstances. |
National Convention Registration | Will vary. |
Refurbishment Expense | In the range of $5,000-$15,000 for required changes. |
Product and Supplier Evaluation and Testing Fee | Cost and expenses incurred by the franchisor in connection with the product/supplier evaluation and testing. |
Point of Sale (POS) SaaS License Fee | Will vary depending on POS vendor. Currently: $100 per month. |
Technology Fee | Varies, but shall not exceed $3,500 annually. Currently: $0 per month. |
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