Does Black Bear Diner conduct on-site evaluations as part of the site evaluation process?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
You are responsible for selecting the site for each of your Franchised Restaurants. In many instances franchisees have a proposed site prior to signing the Franchise Agreement. If you do not have a site which meets our criteria then you must select a site within the geographic area designated in the Franchise Agreement. Though you are solely responsible for selecting the site, we will provide site evaluation assistance at your request. The assistance consists of overall evaluation of alternative sites and at your request one site visit. Our prior approval of the site is required. The factors we consider in approving a site include general suitability, traffic pattern, ease of ingress and egress, visibility, availability of parking, proximity of similar business and the general lease terms. We will approve or disapprove a proposed site within 15 days of receiving all requested information. Our approval of one or more sites is not a representation or a promise by us that a Franchised Restaurant at the approved site will achieve a certain sales volume or a certain level of profitability. If no acceptable site is found by you and approved by us within 60 days after you sign the Franchise Agreement, we have the right to terminate the Franchise Agreement immediately on notice without any need for a cure opportunity. Once we have approved your site for the Franchised Restaurant, you have 365 days to actually open and begin operating your Franchised Restaurant. If you fail to open and begin operating your Franchised Restaurant within 365 days after we have approved your site for your Franchised Restaurant, we have the right to terminate the Franchise Agreement immediately on notice without any need for a cure opportunity.
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 28–35)
What This Means (2025 FDD)
According to Black Bear Diner's 2025 Franchise Disclosure Document, Black Bear Diner offers site evaluation assistance, including one on-site visit at the franchisee's request. While the franchisee is responsible for selecting the site for their Black Bear Diner restaurant, Black Bear Diner will review submitted site reports to ensure they meet the brand's criteria. Black Bear Diner also retains the option to conduct additional on-site evaluations if deemed necessary.
Black Bear Diner's approval of a site depends on factors such as general suitability, traffic patterns, ease of access, visibility, parking availability, proximity to similar businesses, and lease terms. Black Bear Diner commits to approving or disapproving a proposed site within 15 days of receiving all required information. However, the document clarifies that site approval does not guarantee any specific sales volume or profitability for the Black Bear Diner location.
If a franchisee fails to find a suitable site approved by Black Bear Diner within 60 days of signing the Franchise Agreement, Black Bear Diner has the right to terminate the agreement with immediate notice. Furthermore, once a site is approved, the franchisee has 365 days to open and begin operating their Black Bear Diner restaurant. Failure to do so also grants Black Bear Diner the right to terminate the agreement immediately.