Under what conditions can a Black Bear Diner franchisee relocate their Approved Location?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
365 days after Franchisor has approved the site for the Franchised Restaurant, Franchisor has the right to terminate the Franchise Agreement immediately on notice without any need for a cure opportunity.
5.6 Relocation
Franchisee may, with the prior written approval of the Franchisor, relocate the Approved Location if the proposed new location does not compete with any Black Bear Diner restaurant operated by Franchisor or any other Black Bear Diner franchisee and the proposed new location is within the Franchisee's Protected Area. The new location of the Franchised Restaurant, including the real estate and the building, must comply with all applicable provisions of this Agreement and with the Franchisor's then-cur
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 can relocate their Approved Location, but only with prior written approval from Black Bear Diner. Several conditions must be met for the relocation to be approved. First, the proposed new location cannot compete with any existing Black Bear Diner restaurant, whether it's operated by the franchisor or another franchisee. Second, the new location must be within the franchisee's Protected Area, which is defined elsewhere in the agreement as a three-mile radius from the Approved Location. Finally, the new location, including the real estate and building, must comply with all applicable provisions of the Franchise Agreement and align with Black Bear Diner's current image, decor, and specifications.
If Black Bear Diner approves the relocation, the franchisee is required to pay a Relocation Fee of $5,000 within 10 days of receiving the written approval. This fee likely covers Black Bear Diner's administrative and oversight costs associated with the relocation process. The relocation process ensures that the new location maintains the brand's standards and does not negatively impact other franchisees.
This policy is fairly standard in the franchise industry, as franchisors typically want to maintain control over location decisions to protect brand consistency and market share. The relocation fee is also a common practice to offset the franchisor's expenses in evaluating and approving the new site. A prospective Black Bear Diner franchisee should carefully consider these conditions and the associated costs before deciding to relocate their restaurant.