Is Black Bear Diner required to include information about a franchisee's restaurant on its website?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor has established and maintains a website on the Internet at the uniform resource locator "http://www.blackbeardiner.com" ("Website") that provides information about the Black Bear Diner restaurant system and the menu items and services that Franchisor and its franchisees provide.
Franchisor may (but is not required to) include at the Website an interior page containing information about Franchisee's Franchised Restaurant and other Franchised Restaurants.
If Franchisor includes such information on the Website, then Franchisor may require Franchisee to prepare all or a portion of the page, at Franchisee's expense, using a template that Franchisor provides for inclusion on the Website.
All such information shall be subject to Franchisor's approval prior to posting.
Franchisee may not separately register any domain name containing any of the Marks, and may not have a website for the Franchised Restaurant other than a website or web page that may be developed as part of Franchisor's Website.
In addition, without Franchisor's prior written approval, Franchisee may not link or frame the Website, conduct any business or offer to sell or advertise any services or products on the internet (or any other existing or future form of electronic communication) or use any email address which Franchisor has not authorized for use in operating the Franchised Restaurant.
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 is not required to include information about a franchisee's restaurant on its website. Black Bear Diner maintains a website that provides information about the Black Bear Diner restaurant system, menu items, and services offered by both the franchisor and its franchisees. However, Black Bear Diner has the option, but not the obligation, to include an interior page on the website with details about a franchisee's specific Black Bear Diner location, as well as other franchised restaurants.
If Black Bear Diner chooses to include a franchisee's restaurant information on its website, it may require the franchisee to prepare all or part of the page. This preparation would be at the franchisee's expense, using a template provided by Black Bear Diner. The information provided by the franchisee is subject to Black Bear Diner's approval before it is posted on the website.
The franchisee is prohibited from independently registering any domain name that includes Black Bear Diner's trademarks. Furthermore, franchisees cannot operate a separate website for their franchised restaurant, aside from any website or webpage developed as part of Black Bear Diner's official website. Without prior written consent from Black Bear Diner, franchisees are not allowed to link or frame the Black Bear Diner website, conduct business, offer to sell or advertise services or products online, or use unauthorized email addresses for operating the franchised restaurant.
Black Bear Diner retains all rights relating to the Website, Franchisee's website or web page, and any intranet/extranet system, including without limitation all rights to the data stored therein, and may alter or terminate the Website, Franchisee's website or web page, or Franchisor's intranet/extranet system. Franchisor also has the right to access, at all times, all information and data contained on its Website, including without limitation Franchisee's separate website or web page that is part of Franchisor's Website, and any intranet/extranet system.