What are the requirements for local advertising activities for a Black Bear Diner franchise?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
11.1 Local Advertising
Each month, Franchisee agrees to spend not less than one percent (1%) of its previous month's Gross Sales on Local Advertising including local marketing, advertising, promotions and public relations activities. Such expenditures shall be made directly by Franchisee. Within thirty (30) days of the end of each month, Franchisee shall furnish to Franchisor an accounting in a form as designated by Franchisor of the expenditures for the preceding month.
Franchisee shall submit to Franchisor, for its prior approval, all advertising and promotional materials to be used by Franchisee including, but not limited to signs, television advertisements, radio spots, coupons, leaflets, flyers, local newspaper, magazine, menu inserts, table cards, direct mail or other print advertising, social media, contests, sports sponsorships and . Franchisor shall use reasonable efforts to provide notice of approval or disapproval within twenty
(20) days from the date all requested material is received by Franchisor. In the event written approval is not received by Franchisee within twenty (20) days of receipt, Franchisor shall be deemed to have not given the required approval. Franchisor reserves the right to disapprove any advertising and promotional materials even if prior approval has been granted.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to Black Bear Diner's 2025 Franchise Disclosure Document, franchisees are required to engage in local advertising activities. Each month, a franchisee must spend at least one percent of the previous month's gross sales on local advertising. These activities include local marketing, advertising, promotions, and public relations efforts made directly by the franchisee.
Within 30 days after the end of each month, the Black Bear Diner franchisee must provide the franchisor with an accounting of these expenditures in a format designated by the franchisor. This ensures that the advertising spend is tracked and aligns with the brand's marketing strategy.
Furthermore, all advertising and promotional materials used by the franchisee, such as signs, television and radio advertisements, coupons, leaflets, flyers, newspaper ads, and social media content, must be submitted to Black Bear Diner for prior approval. The franchisor has 20 days to provide notice of approval or disapproval. Failure to receive written approval within this timeframe is considered a non-approval. Black Bear Diner retains the right to disapprove any advertising materials, even if prior approval was initially granted, giving them significant control over local marketing efforts.