What documents related to the Controlled Entity must be furnished to the Black Bear Diner Franchisor?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Within thirty (30) days of the end of each month, Franchisee shall furnish to Franchisor an accounting in a form as designated by Franchisor of the expenditures for the preceding month.
Franchisee agrees to permit Franchisor to access, by modem, Internet, or otherwise the computer system for the purpose of downloading information from Franchisee's computer system. Franchisee must configure and constitute its computer system so that Franchisor has complete, continuous, and unfettered access to all information the computer system generates and collects.
All ideas, concepts, techniques, or materials relating to a Black Bear Diner restaurant, whether or not protectable intellectual property and whether created by or for Franchisee, must be promptly disclosed to Franchisor and will be deemed to be the exclusive property of Franchisor
Franchisor reserves the right to require that Franchisee enter into confidentiality agreements with certain individuals including Franchisee's shareholders, officers, directors, partners, employees, members, managers, and spouses of each pursuant to a form of agreement as approved by Franchisor.
Developer shall return to Franchisor a signed copy of the Receipt Page of the disclosure document.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Black Bear Diner franchisees are required to provide specific documentation and access to information to the franchisor. Each month, the franchisee must furnish an accounting of Local Advertising expenditures, in a form designated by Black Bear Diner, within thirty days of the end of the month. This accounting should detail the spending on local marketing, advertising, promotions, and public relations activities, which must total at least one percent of the previous month's gross sales.
Furthermore, Black Bear Diner requires franchisees to permit access to their computer systems for downloading information. Franchisees must configure their computer systems to grant Black Bear Diner complete, continuous, and unfettered access to all information generated and collected by the system. This includes maintaining firewall protection with a managed configuration to monitor and restrict inbound traffic, ensuring compliance with privacy and data protection laws and policies. Franchisees are also obligated to immediately notify Black Bear Diner of any suspected data breaches at the franchised restaurant.
Additionally, franchisees must promptly disclose all ideas, concepts, techniques, or materials related to the Black Bear Diner restaurant, whether or not they are protectable intellectual property. These creations are deemed the exclusive property of Black Bear Diner and considered works made-for-hire. Franchisees must also sign confidentiality agreements with certain individuals, including shareholders, officers, directors, partners, employees, members, managers, and their spouses, if required by Black Bear Diner. Finally, when the Franchise Agreement is delivered to the Developer, the Developer shall return to Franchisor a signed copy of the Receipt Page of the disclosure document.