Can the Black Bear Diner Franchisor modify the 'Manual'?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
w Black Bear Diner restaurant. Such refurbishment may require expenditures by Franchisee on, among other things, structural changes, installing new equipment, remodeling, redecoration and modifications to existing improvements. Franchisee agrees to maintain its Franchised Restaurant consistent with its own high standards as well as with Franchisor's standards as set forth in the Manual. Franchisee will, at its expense, repair, maintain, paint and keep the Franchised Restaurant and Approved Location in an attractive, clean and sanitary condition and make repairs or replacements required because of wear and tear, and agrees to have complete food safety audits performed at the Franchised Restaurant at such times (currently at least 3 times per calendar year) by such approved vendors as may be set forth in the Manual from time to time.
6. MARKS
6.1 Ownership
Franchisor is the owner or licensee of the Marks licensed to Franchisee by this Agreement. Franchisee acknowledges that its right to use the Marks is derived solely from this Agreement and is limited to the conduct of business by Franchisee pursuant to and in compliance with this Agreement and all applicable standards, specifications and operating procedures prescribed by Franchisor during the term of the Franchise. Any unauthorized use of the Marks by Franchisee is a breach of this Agreement and an infringement of the rights of Franchisor in and to the Marks. All usage of the Marks by Franchisee and any goodwill established by Franchisee's use of the Marks shall inure to the exclusive benefit of Franchisor and its affiliates.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, the franchisor has the right to modify the manual. Specifically, the franchisee must adhere to standards set forth in the manual, and the franchisor can inspect the franchisee's restaurant to ensure compliance with the manuals. Additionally, the franchisee must use music selections approved by the franchisor as specified in the manual or in writing.
Black Bear Diner franchisees are required to maintain their restaurants according to the standards in the manual and must complete food safety audits by approved vendors as specified in the manual. The franchisor can also request that franchisees refurbish their restaurants to meet current standards, which may involve structural changes and new equipment.
Furthermore, the initial training program for Black Bear Diner can be revised, modified, or altered by the franchisor on a case-by-case basis depending on the franchisee's qualifications. This indicates that Black Bear Diner retains the authority to make changes to its operational guidelines and training programs as needed.