During the term of the Black Bear Diner franchise agreement, how must the franchisee present themselves to the public?
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;
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 in presenting their restaurant to the public, particularly regarding appearance, trade dress, and approved products. Black Bear Diner emphasizes the importance of maintaining consistent standards for the benefit of all franchisees and the overall brand image.
Franchisees are required to prominently display Black Bear Diner's trademarks and distinctive black bear trade dress. The physical location must conform to the franchisor's specifications for decor, furniture, fixtures, equipment, and color schemes, as detailed in the manual or in writing by Black Bear Diner. These elements must be installed according to approved floor plans and meet the franchisor's quality and uniformity standards. Franchisees must purchase these items from approved or designated suppliers.
Upon termination or expiration of the franchise agreement, franchisees must cease operating as a Black Bear Diner and cannot represent themselves as a current or former franchisee. They must discontinue using confidential information, the Black Bear Diner system, trademarks, and any associated distinctive items. This includes removing all signs, advertising materials, and stationery displaying the Black Bear Diner marks. Franchisees also need to assign any assumed names containing "Black Bear Diner" to the franchisor.