Where in the Black Bear Diner Franchise Agreement can I find information about system standards?

ommunication | 4 | | Epidemic/Pandemic Response | 3 | | Safety and Security | 6 | | Food Safety | 17 | | Appendix | 4 | | TOTAL | 83 |

RECITALS

Franchisor and its affiliates have developed a system ("System") relating to the establishment and operation of casual, family-style restaurants serving breakfast, lunch and dinner anytime during business hours, featuring menu items of large portions with excellent perceived customer value, all in a fun and friendly atmosphere with a distinctive black bear theme; and

Franchisor identifies the System by means of certain names and marks, including "Black Bear Diner," as well as other tradenames, service marks, trademarks, logos, insignias, symbols and designs (the "Marks") as designated by Franchisor or as Franchisor may designate in the future for use with the System; and

The distinguishing characteristics of the System include, among other things, a distinctive exterior and interior trade dress utilizing specially designed décor, furniture, fixtures and accessories; an on-premises gift shop known as a "Black Bear Diner Gift Shop"; recipes and menu items; food preparation methods and food products; operating standards and food, beverage and equipment specifications; operational, management and record-keeping procedures also referred to as the "Bear Necessities Quality Control Program"; advertising and marketing techniques and trade secrets and confidential information; all of which may be changed, improved, and further developed by Franchisor from time to time;

Franchisor grants to qualified persons the right to operate a Black Bear Diner restaurant and Franchisee desires to obtain a license to operate a Black Bear Diner restaurant ("Franchised Restaurant") at the location specified in this Agreement, subject to the terms and conditions of this Agreement and in strict compliance with the standards and specifications established by Franchisor; and

NOW, THEREFORE, the parties agree as follows:

1. DEFINITIONS

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;

• "Approved Supplier(s)" has the meaning given to such term in Section 13.3 hereof;
• "Artificial Intelligence" means a field of science concerned with building computers and machines that can reason, learn, and act in such a way that would normally require human intelligence or that involves data whose scale exceeds what humans can analyze.
• "Competitive Business" means any restaurant business which provides similar food products as those provided by a Black Bear Diner restaurant or whose method of operation or trade dress is similar to that employed in the System; provided, however, that the term "Competitive Business" shall not apply to: (i) any business operated by Franchisee under a Franchise Agreement with Franchisor; or (ii) the ownership for investment purposes of less than five percent (5%) of the stock of any publicly-traded corporation;
• "Confidential Information" means the recipes, ingredients, trade secrets, methods of food preparation, techniques, formats, specifications, procedures, information, systems, methods of business management, sales and promotion techniques, and knowledge of and experience in operating a Black Bear Diner restaurant;
• "Electronic Depository Transfer Account" means an account providing Franchisor with access to electronically withdraw any funds due Franchisor;
• "Franchise" and variations thereof as used in this Agreement means the right granted to Franchisee by Franchisor to use the System and Marks in the operation of a Franchised Restaurant;
  • "Franchise Fee" has the meaning given to such term in Section 3.1 hereof;
• "Franchisee" means the individual, corporation, limited liability company, partnership or other business entity who or which enters into this Agreement with Franchisor.
  • "Franchisor" means BBDI LLC;
• "General Manager" means the individual who devotes his or her full-time and best efforts to the operations and is responsible for the day-to-day management of the Franchised Restaurant. If Franchisee is a business entity, Franchisor may require that the General Manager be an owner, officer or other individual selected by Franchisee;
• "Gift Shop Products" means certain products including specified Trademarked Products and other products which Franchisor has authorized for resale from the Black Bear Diner Gift Shop located within the Franchised Restaurant.
• "Gross Sales" means the total amount of all revenues Franchisee receives from the sale of all menu items, Gift Shop Products, banquet and catering services and from goods and services from all sources in any way connected with the Franchised Restaurant whether for check, cash, credit or otherwise including, without limitation, all proceeds from any business interruption insurance. Gross Sales does not include sales tax collected from customers and paid to the appropriate taxing authorities, discounts deducted from the prices charged and the price of employees' meals actually reported and paid;
  • "Local Advertising" has the meaning given to such term in Section 11.1 hereof;

Source: Item 23 — RECEIPT (FDD pages 56–243)