Where can I find a description of the Protected Territory for a Black Bear Diner franchise?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Under the terms of the Franchise Agreement, we will grant you a geographic area known as a "Protected Area". If you comply with the Franchise Agreement, we will not operate or license others to operate a Black Bear Diner restaurant from a location within the Protected Territory during the term of the Franchise Agreement. A description of the Protected Territory is included as an exhibit to the Franchise Agreement. The perimeter of the Protected Territory may be described by street boundaries, county lines, state lines, municipal boundaries or other similar boundary descriptions. For the typical Franchised Restaurant, the Protected Territory will encompass an approximate 3-mile radius around the Franchised Restaurant.
Source: Item 12 — TERRITORY (FDD pages 35–37)
What This Means (2025 FDD)
According to Black Bear Diner's 2025 Franchise Disclosure Document, the description of the Protected Territory is included as an exhibit to the Franchise Agreement. The Protected Territory defines the geographic area where Black Bear Diner will not operate or license others to operate a Black Bear Diner restaurant, provided the franchisee complies with the Franchise Agreement.
The perimeter of the Protected Territory may be defined using street boundaries, county lines, state lines, municipal boundaries, or other similar boundary descriptions. For a typical Black Bear Diner franchise, the Protected Territory will encompass an approximate 3-mile radius around the Franchised Restaurant. This means that, generally, no other Black Bear Diner restaurant should be located within that 3-mile radius.
However, it's important to note that Black Bear Diner reserves certain rights, even within the Protected Territory. They can sell and distribute products authorized for use and resale at the Franchised Restaurant through alternative channels of distribution, such as grocery stores, convenience stores, mail order, and Internet sales, even to customers located within the Protected Area. Also, the franchisee will not receive an exclusive territory and may face competition from other franchisees, from outlets Black Bear Diner owns, or from other channels of distribution or competitive brands they control.