Does Black Bear Diner regulate the design, layout, appearance, and lighting of the Franchised Restaurant?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
ll, in addition to any other remedies, have the right to obtain an injunction from a court of competent authority prohibiting Franchisee from opening the Franchised Restaurant.
5.4 Décor Package; Carved Bear Package
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.
5.5 Pre-conditions to Opening; Opening Deadline
Franchisee expressly acknowledges and agrees that a pre-condition to opening the Black Bear Diner restaurant shall be the Franchisor's written authorization to open, which authorization shall be given only upon Franchisee's completing, to Franchisor's satisfaction, (i) construction, renovation and remodeling of the Approved Location and Franchised Restaurant and (ii) training as required by Section 8 of this Agreement. In an effort to obtain Franchisor's authorization to open and begin operation of the Franchised Restaurant, Franchisee agrees to notify Franchisor on such
form as Franchisor may prescribe verifying that all pre-opening obligations have been completed in compliance with this Agreement.
Once Franchisor has approved the site for the Franchised Restaurant, Franchisee has 365 days to actually open and begin operating the Franchised Restaurant. If Franchisee fails to open and begin operating the Franchised Restaurant within 365 days after Franchisor has approved the site for the Franchised Restaurant, Franchisor has the right to terminate the Franchise Agreement immediately on notice without any need for a cure opportunity.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to Black Bear Diner's 2025 Franchise Disclosure Document, the design, layout, and appearance of the franchised restaurant are regulated by the franchisor. Black Bear Diner provides standard plans and specifications for the exterior and interior design, including fixtures, equipment, furnishings, décor, and signs. Franchisees are responsible for the costs associated with construction, renovation, or remodeling to meet these standards at the approved location. Any alterations to the standard plans must receive written approval from Black Bear Diner before work begins. Franchisees must submit final plans and layouts for the franchisor's approval.
The FDD also states that Black Bear Diner and its franchisees benefit from maintaining reasonable standards for appearance and trade dress, including displaying the brand's marks and distinctive black bear theme. The approved location and franchised restaurant must conform to the franchisor's specifications for décor, furniture, fixtures, equipment, and interior and exterior decorating designs and color schemes. Franchisees are responsible for obtaining and paying for these items as specified in the manual or in writing by Black Bear Diner.
Furthermore, franchisees 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 decorations such as framed bear posters, photographs of local historical sites and school activities, and wallpaper featuring the black bear theme. The Carved Bear Package includes rustic, hand-carved wood bear images. The franchisor also retains the right to inspect the franchisee's Black Bear Diner restaurant to ensure compliance with the manuals, including the right to remove samples of food or non-food items for testing to determine whether they meet the franchisor's standards and specifications. Finally, Black Bear Diner must approve all music selections played at the restaurant.