Can a Black Bear Diner franchisee use unapproved advertising materials?
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 the 2025 Black Bear Diner Franchise Disclosure Document, franchisees are explicitly prohibited from using advertising or promotional materials that have not been approved by the franchisor. This includes the development, maintenance, or authorization of any website that contains the brand's trademarks.
This requirement ensures brand consistency and quality control across all Black Bear Diner locations. The franchisor retains the right to review and approve all advertising and promotional materials proposed by franchisees. This approval process allows Black Bear Diner to maintain a unified brand image and prevent any misleading or inaccurate advertising.
Franchisees are required to spend 1% of their gross sales per month on local advertising, giving them some autonomy in their local marketing efforts. However, all materials used must first be vetted and approved by Black Bear Diner. This protects the brand's reputation and ensures that all marketing aligns with the company's overall strategy.
Black Bear Diner also uses a marketing fund for national and regional advertising campaigns. While franchisees contribute to this fund, they do not have direct control over how the funds are spent. The franchisor manages the fund and decides on the marketing activities to promote the Black Bear Diner system.
In addition, Black Bear Diner maintains control over the franchisee's social media presence related to the brand. Franchisees must comply with the standards and procedures set by Black Bear Diner for any social media activity that references the brand or the franchised restaurant. The franchisor reserves the right to require approval of any social media message or commentary before it is posted and can also direct franchisees to cease posting on social media related to Black Bear Diner.