factual

What services does Black Bear Diner provide to franchisees under the franchise agreement?

Black_Bear_Diner Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisor shall furnish to Developer site selection guidelines, including Franchisor's minimum standards for a location for the Black Bear Diner restaurant, and such site selection assistance as Franchisor may deem advisable. In response to Developer's request for site approval, Franchisor shall perform one (1) on-site evaluation of a proposed site for each Black Bear Diner restaurant to be developed hereunder. Franchisor shall perform additional on site evaluations as Franchisor may deem advisable in response to Developer's requests for site approval; provided, however, that Franchisor shall not be required to provide on-site evaluation for any proposed site(s) in addition to Franchisee's first proposed site for each Black Bear Diner restaurant. If additional on-site evaluation is deemed necessary and appropriate by Franchisor (on its own initiative or at Franchisee's request) for any Black Bear Diner restaurant to be established, Developer shall reimburse Franchisor for all reasonable expenses incurred by Franchisor in connection with such on-site evaluation visit(s), including, without limitation, the cost of travel, lodging and meals.

Franchisee expressly acknowledges and agrees that a pre-condition to opening the Black Bear Diner restaurant shall be the Franchisor's written authorization to open, which authorization shall be given only upon Franchisee's completing, to Franchisor's satisfaction, (i) construction, renovation and remodeling of the Approved Location and Franchised Restaurant and (ii) training as required by Section 8 of this Agreement. In an effort to obtain Franchisor's authorization to open and begin operation of the Franchised Restaurant, Franchisee agrees to notify Franchisor on such

form as Franchisor may prescribe verifying that all pre-opening obligations have been completed in compliance with this Agreement.

Franchisor will provide an initial training program for the Franchisee owner and Franchisee's General Manager ("Franchisee Managers"). The initial training program consists of on-the-job training of approximately three hundred twenty (320) hours over eight (8) weeks and will be supplemented with classroom and/or online training of approximately fifteen (15) to thirty (30) hours. The initial training program is structured to provide practical on-the-job training in the operation of a Black Bear Diner restaurant and will include training on maintaining brand standards in subjects such as food preparation, marketing, customer service techniques, equipment maintenance, point-of-sale system and grand opening. All Franchisee Managers are required to attend and complete the initial training program to Franchisor's satisfaction.

at Franchisor's expense, for approximately fourteen (14) days, one (1) to two (2), depending on

Franchisee's acquired level of proficiency, of Franchisor's opening team representatives, experienced in the System, for the purpose of providing general assistance and guidance in in the opening and initial operations of the Franchised Restaurant.

Franchisee shall offer for sale at the Franchised Restaurant only the menu items, Gift Shop Products and other products that Franchisor has expressly approved and shall not offer for sale or sell or provide through the Franchised Restaurant, any products or services which Franchisor has not approved or use the Approved Location for any purpose other than the operation of a Black Bear Diner restaurant in full compliance with this Agreement and the Manual.

Franchisee agrees to permit Franchisor to access, by modem, Internet, or otherwise the computer system for the purpose of downloading information from Franchisee's computer system. Franchisee must configure and constitute its computer system so that Franchisor has complete, continuous, and unfettered access to all information the computer system generates and collects. As part of the Computer System, Franchisee agrees to maintain firewall protection by use of a managed configuration to monitor and restrict all inbound traffic to Franchisee's network which does not meet proper security protocol. Franchisee is solely responsible for protecting itself from disruptions, Internet access failures, Internet content failures, and attacks by hackers and other unauthorized intruders and Franchisee waives any and all claims Franchisee may have against Franchisor as the direct or indirect result of such disruptions, failures or attacks. Franchisee must comply with all laws and regulations relating to privacy and data protection, and must comply with all privacy policies or data protection and breach response policies as Franchisor may periodically establish.

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 provides several services to franchisees. These include site selection guidelines and assistance, including one on-site evaluation of a proposed site. Black Bear Diner also provides an initial training program for the franchisee owner and the General Manager, consisting of approximately 320 hours of on-the-job training over eight weeks, supplemented by 15 to 30 hours of classroom and/or online training. This training covers brand standards, food preparation, marketing, customer service, equipment maintenance, and point-of-sale systems.

Black Bear Diner also offers opening assistance by providing one to two opening team representatives for approximately 14 days, at the franchisor's expense, to assist with the initial operations of the restaurant. The FDD states that authorization to open a Black Bear Diner restaurant is contingent upon the franchisee completing construction, renovation, and remodeling of the approved location, as well as completing the required training.

Furthermore, Black Bear Diner provides franchisees with the right to use the Black Bear Diner System, which includes the brand's distinctive trade dress, recipes, operating standards, and marketing techniques. However, franchisees are required to offer only approved menu items and products and must comply with technology standards set by Black Bear Diner, including providing access to their computer systems for data collection and maintaining firewall protection. Franchisees are also responsible for protecting themselves from internet disruptions and security breaches.

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.