factual

What are the requirements for a 'General Manager' of a Black Bear Diner franchised restaurant?

Black_Bear_Diner Franchise · 2025 FDD

Answer from 2025 FDD Document

see"** means the individual, corporation, limited liability company, partnership or other business entity who or which enters into this Agreement with Franchisor.

  • "Franchisor" means BBDI LLC;
  • "General Manager" means the individual who devotes his or her full-time and best efforts to the operations and is responsible for the day-to-day management of the Franchised Restaurant. If Franchisee is a business entity, Franchisor may require that the General Manager be an owner, officer or other individual selected by Franchisee;
  • "Gift Shop Products" means certain products including specified Trademarked Products and other products which Franchisor has authorized for resale from the Black Bear Diner Gift Shop located within the Franchised Restaurant.
  • "Gross Sales" means the total amount of all revenues Franchisee receives from the sale of all menu items, Gift Shop Products, banquet and catering services and from goods and services from all sources in any way connected with the Franchised Restaurant whether for check, cash, credit or otherwise including, without limitation, all proceeds from any business interruption insurance. Gross Sales does not include sales tax collected from customers and paid to the appropriate taxing authorities, discounts deducted from the prices charged and the price of employees' meals actually reported and paid;
    • "Local Advertising" has the meaning given to such term in Section 11.1 hereof;

"Manual" means all operations, administration and managers manuals and all books, computer programs, compact discs, pamphlets, memoranda and other electronic media and/or written materials prepared by or on behalf of Franchisor and as may be added to, changed, modified, withdrawn or otherwise revised by Franchisor from time to time setting out the standards, methods, procedures and specifications of the System;

"Marketing Fund" means the marketing, advertising and promotion fund established by Franchisor pursuant to Section 11.2 hereof;

"Marketing Fund Contribution" has the meaning given to such term in Section 11.2 hereof;

"Protected Area" has the meaning given to such term in Section 2.4 hereof;

"Personal Guarantors" means those persons who are required to sign the Guarantee and Assumption of Obligations which shall include: all partners of the entity that execute this Agreement, (if the entity is a limited or general partnership); all shareholders of the entity that executes this Agreement (if the entity is a corporation); and all members of the entity that executes this Agreement (if the entity is a limited liability company);

"Royalty Fee" has the meaning given to such term in Section 3.2 hereof;

"Trademarked Products" mean the products developed by Franchisor generally bearing the Marks including items such as stuffed bears, t-shirts, coffee mugs and tumblers, various gift items, bags, key chains, hats and other items.

2. GRANT OF FRANCHISE; APPROVED LOCATION

2.1 Grant of Franchise

Franchisor hereby grants to Franchisee, upon the terms and conditions herein contained, the right, license and privilege to operate one (1) Franchised Restaurant under the Marks and to use in connection therewith the System at the Approved Location set forth in Exhibit A to this Agreement.

2.2 Approved Location

The Franchise granted by this Agreement is limited to a single Franchised Restaurant at the Approved Location. The Franchised Restaurant must be located at the Approved Location. Franchisee shall not relocate the Franchised Restaurant without the prior written consent of Franchisor. Franchisee has no rights under this Agreement to use, and Franchisee agrees not to use, the System or the Marks at any other location, without Franchisor's express written consent.

2.3 Approved Location Not Determined

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, the General Manager is defined as the individual who dedicates their full-time efforts to the daily operations and management of the franchised restaurant. If the franchisee is a business entity, Black Bear Diner may require the General Manager to be an owner, officer, or another individual selected by the franchisee.

Prior to the Black Bear Diner restaurant opening, the General Manager must complete the initial training program to the Franchisor's satisfaction. If a franchisee hires a substitute General Manager after beginning operations, that substitute General Manager must complete the initial training program within 60 days of being hired. The franchisee is responsible for paying the then-current initial training fee and covering all travel and living expenses associated with the training.

Black Bear Diner also requires the Franchisee or the General Manager to attend the Black Bear Diner Franchise Convention, which may be held annually. If neither the Franchisee nor the General Manager attends the convention, Black Bear Diner is entitled to charge the franchisee a non-refundable fee of $2,500. Additionally, the Franchisee, General Manager, and other designated restaurant personnel must attend any additional training programs and seminars that Black Bear Diner may require from time to time, with all associated expenses being the franchisee's responsibility.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.