How can the Best Brains agreement be changed, altered, modified, amended, supplemented, or novated?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition to any prior written consent of the Landlord that may be required by the terms of the Lease: (a) the Lease may not be modified, amended, renewed or extended in any manner or assigned by the Franchisee without the Franchisor's prior written consent; (b) the Premises may not be altered or modified in any way without the Franchisor's prior written consent; and (c) the Premises may not be sublet, subdivided or used for any purpose other than for the operation of a Best Brains business without the Franchisor's prior written consent.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
Based on the 2025 Best Brains Franchise Disclosure Document, the franchise agreement's terms can be altered or modified with the franchisor's written consent, particularly concerning the lease agreement for the premises. Specifically, the franchisee cannot modify, amend, renew, or extend the lease in any manner, nor can they assign it without the franchisor's prior written consent. Additionally, any alterations or modifications to the premises require the franchisor's approval, and the premises cannot be sublet, subdivided, or used for any purpose other than operating a Best Brains business without the franchisor's consent.
This requirement ensures that Best Brains maintains uniformity and control over its brand and operational standards across all franchise locations. By requiring written consent for lease modifications and premises alterations, Best Brains can ensure that each location adheres to its established brand image and operational requirements. This protects the brand's reputation and ensures customers receive a consistent experience at any Best Brains center.
For a prospective franchisee, this means that any desired changes to the lease or physical premises must be communicated to and approved by Best Brains. This includes lease renewals, expansions, or any physical modifications to the center. Franchisees should factor in the time required for obtaining franchisor approval when planning any changes to their location. Failure to obtain written consent could result in a breach of the franchise agreement, potentially leading to penalties or termination of the franchise agreement.
Furthermore, the franchisor retains the right to transfer or assign the franchise agreement to another party who agrees to abide by the obligations outlined in the agreement. The franchisee is required to execute documents consenting to such a transfer if requested by Best Brains. This provision allows Best Brains to ensure the continuity and quality of its franchise network by transferring agreements to capable and committed operators.