What is the document described in this section for Black Bear Diner?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Whenever used in this Agreement, unless there is something in the subject matter or context inconsistent therewith, the following words and terms shall have the respective meanings ascribed to them as follows:
"Agreement" means this agreement entitled "Franchise Agreement" and all instruments supplemental hereto or in amendment or confirmation hereof;
"Approved Location" means the premises for the operation of the Franchised Restaurant selected by Franchisee and approved by Franchisor pursuant to Section 5 and as more particularly described in Section 2.2 hereof;
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, the document described in this section is the Franchise Agreement. The Franchise Agreement outlines the terms and conditions under which a franchisee is granted the right to operate a Black Bear Diner restaurant.
The agreement defines key terms such as "Agreement" which refers to the Franchise Agreement itself, including any supplemental instruments or amendments. It also defines "Approved Location" as the premises selected by the franchisee and approved by Black Bear Diner for operating the franchised restaurant. The Franchise Agreement also defines the "Marks" as the names, trademarks, logos, and designs associated with the Black Bear Diner system.
The Franchise Agreement grants the developer the right and obligation to establish and operate Black Bear Diner restaurants within a specific Development Area, subject to the terms and conditions outlined in the agreement. Black Bear Diner agrees not to establish or license others to operate restaurants using the Black Bear Diner system within the Development Area, as long as the developer complies with the agreement. However, Black Bear Diner retains certain rights.
Before opening a Black Bear Diner restaurant, the franchisee must obtain written authorization from Black Bear Diner, contingent upon completing construction, renovation, and remodeling of the Approved Location, as well as fulfilling the training requirements specified in the agreement. Franchisees must notify Black Bear Diner using a prescribed form to verify completion of all pre-opening obligations. Once the site is approved, the franchisee has 365 days to open and begin operating the restaurant, or Black Bear Diner has the right to terminate the Franchise Agreement.