Is Best Brains allowed to conduct business using the Marks or System on the Internet?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
We may franchise or operate anywhere any other learning center using the same Marks as licensed to you in your franchise agreement. We are allowed to operate and franchise anywhere any business under trademarks different from the Marks licensed to you in your franchise agreement and are allowed to conduct anywhere any business using the Marks or System on the Internet or by any other alternate channel of distribution.
You do not receive any rights of first refusal or similar rights to acquire additional franchises.
However, if you are a current franchisee, if we feel that you have the time, energy, management acumen, and capital to expand, we may allow you the right to enter into an Option Agreement (Exhibit D to the Disclosure Document).
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, Best Brains is allowed to conduct business using the Marks or System on the Internet or by any other alternate channel of distribution. The document specifies that Best Brains "are allowed to conduct anywhere any business using the Marks or System on the Internet or by any other alternate channel of distribution." This means that Best Brains retains the right to operate and franchise its business through online platforms and other distribution methods without restriction.
For a prospective franchisee, this indicates that Best Brains maintains control over its online presence and strategy. Franchisees are explicitly prohibited from selling products or services via the Internet unless they receive prior written approval from Best Brains. The FDD states, "You are prohibited from selling products or services by the Internet or by mail order or catalog, unless we first provide written approval." This restriction ensures that Best Brains can manage its brand and online sales channels consistently.
This arrangement is not uncommon in franchising, as franchisors often seek to maintain uniformity and control over their brand's image and sales strategies. However, it's crucial for potential franchisees to understand the extent of these limitations and how they might impact their ability to generate revenue through online channels. Franchisees should discuss with Best Brains what opportunities, if any, exist for them to participate in online sales or marketing initiatives and what support the franchisor provides for online business development.