What must an Area Developer do to be bound by the terms of the Black Bear Diner amendment?

According to the 2025 Black Bear Diner FDD, to be bound by the terms of the BBDI LLC Area Development Agreement, both the Franchisor and the Developer must undertake certain commitments. The document states that the agreement is made "in consideration of the undertakings and commitments of each party to the other set forth in this Agreement." This means both parties must agree to the terms outlined in the agreement.

Specifically, the Black Bear Diner Franchisor's obligation to execute a Franchise Agreement for each restaurant depends on the Developer's compliance with the Development Agreement and any existing Franchise Agreements. The Developer must not be in default of any requirements or obligations under these agreements. The Franchise Agreement must be executed by both the Developer and Franchisor according to the Development Schedule.

In practical terms, a prospective Black Bear Diner Area Developer must carefully review and understand all the terms and conditions of the Development Agreement and any related Franchise Agreements. They must ensure they can meet all obligations, including the Development Schedule, to avoid being in default and to ensure the Franchisor executes the Franchise Agreements for the restaurants they plan to develop. This includes submitting a completed site approval package for each restaurant to be developed.