When are the Costs and Attorney Fees payable to Best Brains?

Question

Accepted Answer

| Type of Fee | Amount | Due Date | Remarks |
|---|---|---|---|
|  | Add-on Programs incur a monthly royalty of 7% of Gross Add-on Program Sales. |  |  |
| Technology Fee | $40 per month for 0-100 students $60 per month for 101- 200 students $80 per month for 200+ students | Payable monthly | The Company may require the Franchisee to utilize a computer system, including without limitation a cloud-based portal for day-to-day operations of the franchise. FA Secs. 2(C) and 5(S). |
| Brand Development Fund | $1 per subject per student up to $3, subject to a $250 per month minimum | Payable the 19th of each month | FA Sec. 2(D). |
| Interest | 2% per month, or the maximum amount allowed by law, whichever is less | Owed on past due amounts | You must pay interest on any amounts owed to us from the date due until fully paid. FA Sec. 2(E). |
| Late Fee | $100 per incident | As incurred | Applies to each NSF check, late payment, or failure to timely provide reports and financial statements. FA Sec. 2(F). |
| Renewal Fee | 10% of the then current initial franchise fee. | At time of renewal | FA Secs. 2(G) and 6(B). |
| Subject Material Fee | $5-$8 per month per subject | Monthly | For the availability and distribution of e-learning material.FA Sec. 2(I). |
| bbSupport Fee | $1 per subject (Math or English) per student monthly | Monthly | This fee is for app support from certified teachers (hired by Corporate) to any Best Brains students enrolled in Math or English |
| Placement Test Review | $1,500 per Placement | Upon submission of |  |
| Fee | Test | placement test |  |
| Certification Fee | $50 per attempt | As incurred | You must get training/operations manual certified every 3 years and upon renewal. FA Sec. 2(J). |
| Additional Assistance | Currently $500 per day plus costs. | As incurred | At your request, we will provide additional assistance beyond our standard support, based on our then current fee for the respective |
| Type of Fee | Amount | Due Date | Remarks |
| Annual Conference Fee | $500 per year | $125 per month in January – May of each year | You shall attend annual training conferences and seminars as we specify. You agree that we can charge you this fee. If you attend our annual conference, we will refund this amount to you in full. FA Sec. 5(P). |
| Regional Advisory Franchisee Council | None Currently. | As incurred | The Regional Advisory Council would choose its own assessments. FA Sec. 5(Q). |
| Management Fee | To be determined under circumstances. Currently $500 per day, plus reasonable expenses. | As incurred | Payable during period that our appointed manager manages the Franchised Business upon your default, death, or disability. FA Sec. 7(D). |
| Indemnity | Actual amount of loss or expense incurred. | At time incurred | You agree to reimburse us if we are held liable for certain claims. FA Secs. 7(D), 8(E)., and 10(O). |
| Liquidated Damages | $30,000 | As incurred | FA Sec. 7(H). |
| (See Note 5) |  |  |  |
| Transfer Fee | $2,500 | At time of transfer | If you transfer your franchise to an entity, we charge for our legal expenses and related costs but no transfer fee is due. FA Sec. 9(B)(8). |
| Fee for Assignment to Entity | Actual costs incurred | As incurred | You shall pay our legal and other expenses incurred if you assign the franchise agreement to an entity. FA Sec. 9(C)(5). |
| Assistance in the Event of Death or Disability | Actual costs incurred | As incurred | You must pay our compensation and expenses in running your Franchised Business in the event of death or disability. FA Sec. 9(E) |
| Costs and Attorney Fees | Will vary under circumstances. | As incurred | Payable if we substantially prevail in any litigation between you and us. FA Sec. 10(N). |

Source: Item 6 — OTHER FEES (FDD pages 11–15)

When are the Costs and Attorney Fees payable to Best Brains?

Answer from 2025 FDD Document

What This Means (2025 FDD)

Type of Fee	Amount	Due Date	Remarks
	Add-on Programs incur a monthly royalty of 7% of Gross Add-on Program Sales.
Technology Fee	$40 per month for 0-100 students $60 per month for 101- 200 students $80 per month for 200+ students	Payable monthly	The Company may require the Franchisee to utilize a computer system, including without limitation a cloud-based portal for day-to-day operations of the franchise. FA Secs. 2(C) and 5(S).
Brand Development Fund	$1 per subject per student up to $3, subject to a $250 per month minimum	Payable the 19th of each month	FA Sec. 2(D).
Interest	2% per month, or the maximum amount allowed by law, whichever is less	Owed on past due amounts	You must pay interest on any amounts owed to us from the date due until fully paid. FA Sec. 2(E).
Late Fee	$100 per incident	As incurred	Applies to each NSF check, late payment, or failure to timely provide reports and financial statements. FA Sec. 2(F).
Renewal Fee	10% of the then current initial franchise fee.	At time of renewal	FA Secs. 2(G) and 6(B).
Subject Material Fee	$5-$8 per month per subject	Monthly	For the availability and distribution of e-learning material.FA Sec. 2(I).
bbSupport Fee	$1 per subject (Math or English) per student monthly	Monthly	This fee is for app support from certified teachers (hired by Corporate) to any Best Brains students enrolled in Math or English
Placement Test Review	$1,500 per Placement	Upon submission of
Fee	Test	placement test
Certification Fee	$50 per attempt	As incurred	You must get training/operations manual certified every 3 years and upon renewal. FA Sec. 2(J).
Additional Assistance	Currently $500 per day plus costs.	As incurred	At your request, we will provide additional assistance beyond our standard support, based on our then current fee for the respective
Type of Fee	Amount	Due Date	Remarks
Annual Conference Fee	$500 per year	$125 per month in January – May of each year	You shall attend annual training conferences and seminars as we specify. You agree that we can charge you this fee. If you attend our annual conference, we will refund this amount to you in full. FA Sec. 5(P).
Regional Advisory Franchisee Council	None Currently.	As incurred	The Regional Advisory Council would choose its own assessments. FA Sec. 5(Q).
Management Fee	To be determined under circumstances. Currently $500 per day, plus reasonable expenses.	As incurred	Payable during period that our appointed manager manages the Franchised Business upon your default, death, or disability. FA Sec. 7(D).
Indemnity	Actual amount of loss or expense incurred.	At time incurred	You agree to reimburse us if we are held liable for certain claims. FA Secs. 7(D), 8(E)., and 10(O).
Liquidated Damages	$30,000	As incurred	FA Sec. 7(H).
(See Note 5)
Transfer Fee	$2,500	At time of transfer	If you transfer your franchise to an entity, we charge for our legal expenses and related costs but no transfer fee is due. FA Sec. 9(B)(8).
Fee for Assignment to Entity	Actual costs incurred	As incurred	You shall pay our legal and other expenses incurred if you assign the franchise agreement to an entity. FA Sec. 9(C)(5).
Assistance in the Event of Death or Disability	Actual costs incurred	As incurred	You must pay our compensation and expenses in running your Franchised Business in the event of death or disability. FA Sec. 9(E)
Costs and Attorney Fees	Will vary under circumstances.	As incurred	Payable if we substantially prevail in any litigation between you and us. FA Sec. 10(N).