Can a Black Bear Diner franchisee develop a website containing the Marks without approval?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Local Advertising. You must advertise your Black Bear Diner restaurant at your own expense in your local trade area. You are required to spend 1% of your Gross Sales per month on local advertising. We have the right to review and approve (or disapprove) any or all advertising and promotional materials you propose to use. You may not use any advertising or promotional materials that we have not approved or have disapproved. You may not develop, maintain, or authorize any website that contains or mentions the Marks. (Franchise Agreement, Section 11.1)
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 28–35)
What This Means (2025 FDD)
According to Black Bear Diner's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from independently creating websites that feature the brand's trademarks. The FDD states that franchisees, according to the Franchise Agreement, Section 11.1, "may not develop, maintain, or authorize any website that contains or mentions the Marks." This restriction underscores Black Bear Diner's need to maintain tight control over its brand image and online presence.
This policy has significant implications for prospective franchisees. It means that franchisees cannot independently establish a website to promote their specific location or offer online ordering without express consent. All online marketing efforts must align with the standards and guidelines set by Black Bear Diner. This ensures brand consistency across all digital platforms and helps to prevent any misuse or misrepresentation of the brand.
While franchisees are restricted from creating independent websites, they are expected to engage in local advertising, spending 1% of their gross sales per month on these efforts. Black Bear Diner retains the right to review and approve all advertising and promotional materials, ensuring that these local campaigns also adhere to brand standards. Franchisees should discuss with Black Bear Diner what digital marketing support or approved website options are available to them to ensure they can effectively promote their restaurant within the approved framework.