What circumstances, beyond the franchisee's control, are exceptions to the abandonment clause for Best Brains?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) The franchisee abandons the franchise by failing to operate the business for five consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for the franchisor to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake, or other similar causes beyond the franchisee's control;
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the abandonment clause allows Best Brains to terminate the franchise agreement if the franchisee fails to operate the business for five consecutive days, or any shorter period after which Best Brains reasonably concludes the franchisee doesn't intend to continue operations. However, there is an exception to this rule.
Specifically, Best Brains will not consider it abandonment if the failure to operate is due to circumstances beyond the franchisee's control. The FDD lists examples such as fire, flood, earthquake, or other similar causes.
This means that if a Best Brains franchisee's center is temporarily closed due to a natural disaster or other unforeseen event that prevents them from operating, Best Brains cannot terminate the agreement for abandonment. This provides some protection for franchisees against events that could force a temporary closure of their Best Brains center.