Does Black Bear Diner provide general guidelines for site selection?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
ITEM 11
FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING
Except as listed below, BBDI LLC is not required to provide you with any assistance.
Pre-Opening Obligations
Franchise Agreement. Under the Franchise Agreement, before you open your Franchised Restaurant, we will provide you with the following assistance:
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- Provide you with general guidelines and assistance in selecting the site from which you will operate the Franchised Restaurant. (Franchise Agreement, Section 5.1)
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- Provide you with a layout for the interior of your Black Bear Diner restaurant along with specifications for the interior design, layout, décor, equipment, fixtures, furnishings and signs. (Franchise Agreement, Section 5.3).
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- Make available through third-party designated suppliers, the Décor Package and the Carved Bear Package for the build-out of your Franchised Restaurant along with an initial opening inventory of Trademarked Products for resale at your Franchised Restaurant. (Franchise Agreement, Sections 5.4 and 13.2)
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- Provide the initial training program for you and your General Manager as described in detail below in this Item 11. (Franchise Agreement, Section 8)
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- Provide to you, on loan, one electronic copy of the Black Bear Diner Manual ("Manual"), consisting of written materials and electronic media, which includes the Bear
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 FDD, Black Bear Diner provides franchisees with general guidelines and assistance in selecting a site for their franchised restaurant. While the franchisee is responsible for selecting the site, Black Bear Diner offers site evaluation assistance, including an overall evaluation of alternative sites and, upon request, one site visit.
Black Bear Diner's approval of the site is required, and they consider factors such as general suitability, traffic patterns, ease of access, visibility, parking availability, proximity to similar businesses, and general lease terms. The franchisor commits to approving or disapproving a proposed site within 15 days of receiving all necessary information. However, the FDD states that the approval of a site does not guarantee any specific sales volume or profitability.
If a franchisee fails to find an acceptable site approved by Black Bear Diner within 60 days of signing the Franchise Agreement, Black Bear Diner has the right to terminate the agreement. Once a site is approved, the franchisee has 365 days to open and begin operating the restaurant. Failure to do so also gives Black Bear Diner the right to terminate the agreement. Black Bear Diner also makes a representative available to advise and offer general guidance to franchisees by telephone, electronic mail, facsimile, newsletters and other methods based on their and their franchisees' experience in operating other Black Bear Diner restaurants.