Under what conditions will a Black Bear Diner franchisee be required to adopt changes to the Marks?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Recognizing the value of advertising and the importance of the standardization of advertising and promotion to the furtherance of the goodwill and the public image of the Black Bear Diner franchise system and Marks, Franchisee agrees as follows:
Franchisee acknowledges that from time to time, Franchisor may introduce as part of the System, new menu items and other products, methods or technology which require certain system modifications including, without limitation, the adoption and use of new computer hardware and software, fixtures, furnishings, equipment or signs. Franchisee agrees to make all required upgrades and modifications at its expense as may reasonably be required by Franchisor. No additional investment will be required during the first year of the Initial term; if such additional investment is required to be made in the last year of the Initial term, Franchisee may avoid making the investment by providing notice of intent not to renew its franchise.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, franchisees acknowledge the importance of standardized advertising and promotion to maintain the goodwill and public image of the Black Bear Diner franchise system and its Marks. The franchisor may introduce new menu items, products, methods, or technology that require system modifications, including the adoption and use of new computer hardware and software, fixtures, furnishings, equipment, or signs.
Black Bear Diner franchisees are obligated to make all reasonably required upgrades and modifications at their own expense. However, no additional investment will be required during the first year of the initial franchise term. If such an investment is required in the last year of the initial term, the franchisee has the option to avoid making the investment by providing notice of their intent not to renew the franchise agreement.
This means that Black Bear Diner franchisees must stay current with any changes or updates to the brand's image, technology, or offerings, but they are given some protection from incurring additional costs in the short term. The exception in the final year allows a franchisee to avoid further investment if they do not plan to renew their franchise, providing a degree of financial flexibility.