How can the Black Bear Diner release be modified?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
If a particular site has not been selected and approved at the time this Agreement is signed, Franchisee will be solely and completely responsible for selecting an appropriate location for the Franchised Restaurant. After Franchisor has approved a location for the Franchised Restaurant, Franchisor will unilaterally modify Attachment A and the specific address of that location will automatically become the Approved Location as if originally set forth in Attachment A.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, Attachment A of the franchise agreement, which specifies the Approved Location of the Franchised Restaurant, can be modified by the Franchisor. If a location hasn't been approved when the agreement is signed, the franchisee is responsible for selecting a site. Once Black Bear Diner approves a location, they will unilaterally modify Attachment A to include the specific address, effectively making it the Approved Location as if it were originally in the agreement.
This clause provides Black Bear Diner with the flexibility to finalize the restaurant location details after the initial agreement is signed. This is particularly useful when site selection is ongoing during the franchise agreement process. For a prospective franchisee, this means that the exact location of their Black Bear Diner restaurant might not be determined at the time of signing the agreement, and they need to be prepared to actively participate in the site selection process.
The franchisee bears the responsibility for finding a suitable location that meets Black Bear Diner's approval. While the franchisee has the initial responsibility for site selection, the final decision rests with Black Bear Diner. This ensures that all locations meet the brand's standards and strategic objectives. Franchisees should therefore engage proactively with Black Bear Diner during the site selection phase to ensure alignment and expedite the approval process.