What standards must a Black Bear Diner franchisee maintain for appearance and trade dress?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
ll, in addition to any other remedies, have the right to obtain an injunction from a court of competent authority prohibiting Franchisee from opening the Franchised Restaurant.
5.4 Décor Package; Carved Bear Package
Franchisee agrees that Franchisor, Franchisee and other Black Bear Diner franchisees will benefit from the maintenance of reasonable standards for appearance and trade dress including prominent display of the Marks and the distinctive black bear trade dress. The Approved Location and the Franchised Restaurant will conform to all specifications for decor, furniture, fixtures, equipment, exterior and interior decorating designs and color schemes established by the Franchisor. The Franchisee will obtain and pay for the decor, furniture, fixtures, equipment, exterior and interior decorating designs and color schemes, inventory and supplies specified by the Manual or otherwise in writing by the Franchisor used by the Franchisee for the operation of its Black Bear Diner restaurant. All decor, furniture, fixtures, equipment, exterior and interior decorating designs and color schemes used in the Franchisee's Black Bear Diner restaurant must be installed and located in accordance with the floor plans approved by the Franchisor, and must conform to the quality standards and uniformity requirements established by the Franchisor. Franchisee agrees to purchase from Franchisor's designated supplier, which may include Franchisor or its affiliates, certain items necessary for the interior decoration of the Franchised Restaurant ("Décor Package") consisting of decorations including framed bear posters, photographs of local historical sites, photographs of local school activities, wallpaper featuring the black bear theme and other related items. A complete list of items included in the Décor Package is included in Exhibit B to this Agreement. In addition, Franchisee agrees to purchase from Franchisor's designated supplier, which may include Franchisor or its affiliates certain wood bear images featuring a rustic hand-carved of bears in various settings ("Carved Bear Package"). A complete list of the items included in the Carved Bear Package is included in Exhibit C to this Agreement.
5.5 Pre-conditions to Opening; Opening Deadline
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.
Once Franchisor has approved the site for the Franchised Restaurant, Franchisee has 365 days to actually open and begin operating the Franchised Restaurant.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, franchisees must adhere to specific standards for appearance and trade dress to maintain uniformity and protect the brand's goodwill. Black Bear Diner requires franchisees to conform to specifications for decor, furniture, fixtures, equipment, and interior/exterior design, including color schemes, as established by the franchisor. The franchisee is responsible for obtaining and paying for these items, which must align with the standards outlined in the manual or in writing by Black Bear Diner.
To ensure consistency, all decor, furniture, fixtures, equipment, and designs must be installed according to floor plans approved by Black Bear Diner and meet the franchisor's quality and uniformity standards. Franchisees are obligated to purchase specific interior decoration items, known as the "Décor Package," and rustic hand-carved bear images, known as the "Carved Bear Package," from Black Bear Diner's designated suppliers, which may include Black Bear Diner or its affiliates. Lists of items included in these packages are detailed in exhibits to the franchise agreement.
Black Bear Diner also requires franchisees to refurbish their restaurants every five years (or sooner if required by the lease) to conform to the current building design, trade dress, and color schemes of new Black Bear Diner restaurants. This refurbishment may involve significant expenditures on structural changes, new equipment, remodeling, redecoration, and modifications. Furthermore, franchisees must maintain the restaurant in an attractive, clean, and sanitary condition, making necessary repairs and replacements due to wear and tear, and conduct complete food safety audits at least three times per year through approved vendors.