What is the Black Bear Diner Developer acknowledging and agreeing to regarding their own investigation of the suitability of the site?

According to the 2025 Black Bear Diner Franchise Disclosure Document, a Developer acknowledges that their decision to accept a franchise for operating a Black Bear Diner restaurant at a specific site is based on their own independent investigation into the site's suitability. This means that while Black Bear Diner may approve a site based on its own criteria, the Developer is ultimately responsible for determining if the location is viable for their business.

Black Bear Diner's approval of a site does not constitute any assurance, representation, or warranty regarding the site's suitability for a restaurant or any other purpose. The approval only indicates that Black Bear Diner believes the site meets its minimum criteria at the time of evaluation. Factors such as demographic or economic changes, including competition, can change after the approval and are beyond Black Bear Diner's control.

Black Bear Diner will not be held responsible if a site they approved fails to meet the Developer's expectations regarding revenue or operational criteria. This underscores the importance of the Developer conducting thorough due diligence and not solely relying on the franchisor's approval. The Developer bears the risk associated with site selection and must be confident in their own assessment of the location's potential.