What is the scope of the release required from the Black Bear Diner franchisee upon transfer?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
- (g) Franchisee has executed a general release of any and all claims against Franchisor and any affiliate, and their respective officers, directors, agents, and employees, arising out of or related to this Agreement, or any related agreement.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, a franchisee must execute a general release of claims against Black Bear Diner and its affiliates to acquire a successor franchise at the expiration of the initial term. This release extends to the officers, directors, agents, and employees of Black Bear Diner and its affiliates.
Specifically, the release covers any and all claims arising out of or related to the Franchise Agreement or any related agreement. This means that as a condition of renewing their franchise for an additional 10-year term, franchisees must waive their rights to sue Black Bear Diner for any past issues or disputes related to the franchise agreement.
This requirement is fairly common in franchising, as it provides the franchisor with legal protection and helps ensure a clean slate moving forward. However, franchisees should carefully consider the implications of such a release, especially if there are any existing or potential disputes with Black Bear Diner. It is advisable for prospective franchisees to seek legal counsel to fully understand the scope and impact of this release before signing the franchise agreement.