What are the record-keeping and inspection obligations for a Black Bear Diner franchisee?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
e of duties; (5) work rules and directions governing the manner, means, and methods of the performance of duties and the grounds for discipline; (6) the tenure of employment, including hiring and discharge; and (7) working conditions related to the safety and health of employees.
13.5 Right to Inspect
Franchisor may, from time to time, at its discretion, cause its representatives to visit Franchisee's Black Bear Diner restaurant for the purpose of rendering advice and consultation or training, with respect to the Franchised Restaurant, its operation and performance, and compliance by Franchisee with the Manuals including the right to remove samples of food or non-food items from the Franchised Restaurant, without payment therefor, in amounts reasonably necessary for testing by Franchisor's representatives to determine whether such samples meet Franchisor's then
current standards and specifications. Franchisor may require Franchisee to reimburse Franchisor for all costs incurred by Franchisor, or its representatives, in rendering advice and consultation or training.
13.6 Licenses and Permits
Franchisee shall secure and maintain in force all required licenses, permits and certificates relating to the operation of the Franchised Restaurant and shall operate its Franchised Restaurant in full compliance with all applicable federal, state, city, local and municipal laws, statutes, ordinances, rules and regulations.
13.7 Notification of Proceedings
Franchisee shall notify Franchisor in writing within five (5) days of the commencement of any legal action or any order, writ, injunction, award or decree of any court, agency or other governmental authority, including a failed health inspection report, which may adversely affect the operation or financial condition of the Franchised Restaurant.
13.8 Compliance with Good Business Practices
Franchisee acknowledges that each and every detail of the quality of customer service, appearance and demeanor of Franchisee's employees, and the quality of the menu items at the Franchised Restaurant is important to Franchisor and to other franchisees in the Black Bear Diner franchise system. The Franchised Restaurant shall in all dealings with its customers, suppliers and the general public adhere to the highest standards of honesty, fair dealing, moral and ethical conduct. The Franchised Restaurant shall at all times give prompt, courteous and efficient service to its customers.
13.9 Music Selection
Franchisee will only play the music selections that have been approved by Franchisor as specified in the Manual or otherwise in writing.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, Black Bear Diner has the right to inspect a franchisee's restaurant. Black Bear Diner may have its representatives visit the restaurant to provide advice, consultation, or training regarding the restaurant's operation, performance, and the franchisee's compliance with the manuals. This includes the right to remove food and non-food samples for testing to ensure they meet Black Bear Diner's standards. The franchisee may be required to reimburse Black Bear Diner for the costs incurred during these visits.
Black Bear Diner franchisees must secure and maintain all required licenses, permits, and certificates necessary for operating the restaurant and must comply with all applicable federal, state, city, local, and municipal laws, statutes, ordinances, rules, and regulations. Franchisees must notify Black Bear Diner in writing within five days of any legal action, order, writ, injunction, award, or decree from any court, agency, or governmental authority, including a failed health inspection report, that could negatively affect the restaurant's operation or financial condition.
Furthermore, Black Bear Diner franchisees are expected to adhere to high standards of honesty, fair dealing, and ethical conduct in all dealings with customers, suppliers, and the general public. They must provide prompt, courteous, and efficient service to customers. Franchisees are also required to have complete food safety audits performed at the restaurant at least three times per calendar year by approved vendors, as specified in the manual. At Franchisor's request, but not more often than once every five years, unless sooner required by the lease for the Approved Location, Franchisee shall refurbish the Franchised Restaurant to conform to the then-current building design, trade dress, and color schemes for a new Black Bear Diner restaurant.