Can Best Brains agents enter the premises of a Best Brains franchise?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
You must lease the premises for your location in the form and manner required by us and deliver a copy of the signed lease to us immediately after its signing. You must not sign any lease which has not been approved in writing by us. If your business premises is to be leased, you must submit the lease to us for written approval at least fifteen days before it is scheduled to be executed. If you lease your business premises, the lease must include language contained in the Lease Rider which is attached to your Franchise Agreement as Schedule 2. The lease shall give us, our agents or designees the right to enter the premises to conduct inspections at any time during regular business hours, the right to receive notices of default directly from the lessor and the right, but not the duty, to assume the lease for all or any part of the term, if you default under the lease, are evicted or if your Franchise Agreement expires or is terminated. You must not lease or sublet all or any part of your business premises to others or use any portion of the premises for any purpose other than conducting business pursuant to your Franchise Agreement without our prior written consent. You must not sign or agree to any modification of the lease without our prior approval. You must agree that any new, amended, restated, extended or renewed lease for the location will include the above terms and conditions required to be included in a lease for a location. If you want to relocate, you must notify us in writing 60 days before the relocation. We reserve the right to refuse to approve a proposed relocation if we believe that the proposed relocation is for any reason not acceptable to us. Our judgment may be based on factors such as the proximity to existing or proposed locations owned by other franchisees or us, the suitability of the proposed facilities, compliance with our then current franchise location requirements, the competitiveness within the market place or other factors. We recommend that you employ the services of a real estate attorney for legal advice regarding the terms of the lease. (Franchise Agreement - Sections 5.C and D.)
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 23–28)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, Best Brains, its agents, or designees have the right to enter the premises to conduct inspections at any time during regular business hours. This is contingent upon the franchisee leasing the premises, and the lease must include specific language granting these rights to Best Brains.
This provision ensures that Best Brains can monitor the franchisee's compliance with the franchise agreement and operational standards. It also allows Best Brains to protect its brand and ensure consistency across all franchise locations. The right to receive notices of default directly from the lessor and the right to assume the lease are additional protections for Best Brains, allowing them to maintain control over the location even if the franchisee defaults.
For a prospective franchisee, this means that they must be prepared to allow Best Brains representatives access to their business premises during regular business hours for inspections. This is a standard practice in franchising, as it allows the franchisor to maintain quality control and protect the brand. The franchisee should ensure they understand the terms of the lease agreement and the conditions under which Best Brains can exercise its rights to enter the premises and potentially assume the lease.