What is a Black Bear Diner franchisee required to do regarding displaying the Marks at the Franchised Restaurant?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees that Franchisor, Franchisee and other Black Bear Diner franchisees will benefit from the maintenance of reasonable standards for appearance and trade dress including prominent display of the Marks and the distinctive black bear trade dress. The Approved Location and the Franchised Restaurant will conform to all specifications for decor, furniture, fixtures, equipment, exterior and interior decorating designs and color schemes established by the Franchisor. The Franchisee will obtain and pay for the decor, furniture, fixtures, equipment, exterior and interior decorating designs and color schemes, inventory and supplies specified by the Manual or otherwise in writing by the Franchisor used by the Franchisee for the operation of its Black Bear Diner restaurant. All decor, furniture, fixtures, equipment, exterior and interior decorating designs and color schemes used in the Franchisee's Black Bear Diner restaurant must be installed and located in accordance with the floor plans approved by the Franchisor, and must conform to the quality standards and uniformity requirements established by the Franchisor. Franchisee agrees to purchase from Franchisor's designated supplier, which may include Franchisor or its affiliates, certain items necessary for the interior decoration of the Franchised Restaurant ("Décor Package") consisting of decorations including framed bear posters, photographs of local historical sites, photographs of local school activities, wallpaper featuring the black bear theme and other related items. A complete list of items included in the Décor Package is included in Exhibit B to this Agreement. In addition, Franchisee agrees to purchase from Franchisor's designated supplier, which may include Franchisor or its affiliates certain wood bear images featuring a rustic hand-carved of bears in various settings ("Carved Bear Package"). A complete list of the items included in the Carved Bear Package is included in Exhibit C to this Agreement.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, franchisees must prominently display the Marks and maintain the distinctive black bear trade dress. The franchisee is responsible for ensuring that the franchised restaurant adheres to the franchisor's specifications for decor, furniture, fixtures, equipment, and color schemes, both inside and out.
To achieve this, the franchisee must purchase a Décor Package and a Carved Bear Package from Black Bear Diner's designated supplier, which may include the franchisor or its affiliates. The Décor Package includes items such as framed bear posters, photographs of local historical sites and school activities, and wallpaper featuring the black bear theme. The Carved Bear Package consists of rustic, hand-carved wood bear images in various settings. A complete list of items included in each package is detailed in Exhibits B and C of the Franchise Agreement.
The franchisee is obligated to install and position all decor, furniture, fixtures, and equipment according to the floor plans approved by Black Bear Diner, ensuring they meet the franchisor's quality standards and uniformity requirements. This ensures that each Black Bear Diner location maintains a consistent brand image and customer experience.