Does Black Bear Diner have the right to change the system?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
rtesy cards;
- (h) music and music selections played in the Franchised Restaurant; and
- (i) programs, policies or specifications regarding the use of Artificial Intelligence in connection with the development and operation of Franchised Restaurants.
10.2 Modification
Franchisee acknowledges that from time to time, Franchisor may introduce as part of the System, new menu items and other products, methods or technology which require certain system modifications including, without limitation, the adoption and use of new computer hardware and software, fixtures, furnishings, equipment or signs. Franchisee agrees to make all required upgrades and modifications at its expense as may reasonably be required by Franchisor. No additional investment will be required during the first year of the Initial term; if such additional investment is required to be made in the last year of the Initial term, Franchisee may avoid making the investment by providing notice of intent not to renew its franchise.
10.3 Variance
Franchisee acknowledges that because complete and detailed uniformity under many varying conditions may not be possible or practical, Franchisor specifically reserves the right and privilege, at its sole discretion and as it may deem in the best interests of all concerned in any specific instance, to vary standards for any franchisee based upon the peculiarities of any particular site or other circumstances, density of population, business potential, existing business practices or any other condition which Franchisor deems to be of importance to the operation of any particular Black Bear Diner restaurant.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to Black Bear Diner's 2025 Franchise Disclosure Document, the franchisor has the right to modify and supplement the System standards periodically. This includes introducing new menu items, products, methods, or technology that may require franchisees to adopt new computer hardware and software, fixtures, furnishings, equipment, or signs. Franchisees are responsible for covering the expenses of these upgrades and modifications as reasonably required by Black Bear Diner.
However, Black Bear Diner will not require additional investments during the first year of the initial franchise term. If additional investments are required in the last year of the initial term, the franchisee has the option to avoid making the investment by providing notice of intent not to renew the franchise agreement.
Black Bear Diner also reserves the right to vary standards for any franchisee based on specific site peculiarities, population density, business potential, existing business practices, or any other condition it deems important. Franchisees are not entitled to make claims against Black Bear Diner due to variations granted to other franchisees and cannot demand similar variations for themselves. This ensures Black Bear Diner can adapt the franchise system to different market conditions and individual restaurant circumstances while maintaining overall brand consistency.