Does Black Bear Diner determine the site for my first Franchised Restaurant?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
If you enter into a Development Agreement with us, we will agree on with you and designate your Development Area. Your Development Agreement will have a schedule by which each Franchised Restaurant to be developed must be approved for commencement of operations. Before or after signing a Franchise Agreement, you and we will agree upon an approved location and protected area for your Franchised Restaurant. We do not determine the site for the first or any additional Franchised Restaurants to be developed under the Development Schedule, but you must receive our prior written consent to the development of a proposed site for the location of each of your Franchised Restaurants. We may, but are not obligated to, assist you in site selection, but you are ultimately responsible for selecting the site.
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, the franchisee is ultimately responsible for selecting the site for their Franchised Restaurant. However, if the franchisee enters into a Development Agreement with Black Bear Diner, they will agree on and designate a Development Area together.
Black Bear Diner does not determine the site for the first or any additional Franchised Restaurants to be developed, but the franchisee must receive prior written consent from Black Bear Diner for the development of a proposed site. Black Bear Diner may assist in site selection, but the franchisee is ultimately responsible for selecting the site. In many instances, franchisees have a proposed site prior to signing the Franchise Agreement. If the franchisee does not have a site that meets Black Bear Diner's criteria, then they must select a site within the geographic area designated in the Franchise Agreement.
Black Bear Diner will provide site evaluation assistance at the franchisee's request, consisting of an overall evaluation of alternative sites and, at the franchisee's request, one site visit. Black Bear Diner's prior approval of the site is required, and factors considered for approval include general suitability, traffic patterns, ease of access, visibility, parking availability, proximity to similar businesses, and general lease terms. Black Bear Diner will approve or disapprove a proposed site within 15 days of receiving all requested information. However, Black Bear Diner's approval of a site does not guarantee a certain sales volume or level of profitability.
If no acceptable site is found and approved by Black Bear Diner within 60 days after signing the Franchise Agreement, Black Bear Diner has the right to terminate the Franchise Agreement immediately with notice. Once the site is approved, the franchisee has 365 days to open and begin operating the Franchised Restaurant. Failure to open within this timeframe gives Black Bear Diner the right to terminate the Franchise Agreement immediately with notice.