What is the dependency between site approval and lease approval for a Best Brains franchise?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
You must obtain our approval of the site location and the lease. The factors which we may (but are not required to) consider for our approval include demographic radius characteristics and growth factors in the area, traffic patterns, ease of access, parking, visibility, allowed signage, competition from other businesses providing similar products and services, the proximity to other businesses, the nature of the businesses in proximity to the proposed site, and other commercial characteristics (including rental obligations and other lease terms for the proposed site) and the size, appearance and other physical characteristics of the proposed site location. We recommend that the size of the location be 1,000 to 1,500 square feet. We approve or disapprove locations or leases by a written notice which is delivered to you. We use our reasonable best efforts to deliver this notification to you within 30 days after the location evaluation or lease information is available.
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.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 23–28)
What This Means (2025 FDD)
According to Best Brains's 2025 Franchise Disclosure Document, a prospective franchisee must obtain approval for both the site location and the lease agreement from Best Brains. The approval process involves Best Brains reviewing the site to evaluate and approve the location of the Franchised Business within thirty days after the franchisee provides the necessary information. Best Brains will consider additional sites until an approval is reached.
Best Brains evaluates several factors for site and lease approval, including demographic characteristics, growth factors, traffic patterns, accessibility, parking, visibility, signage, competition, proximity to other businesses, the nature of nearby businesses, commercial characteristics (including rental obligations and other lease terms), and the physical characteristics of the site. The document recommends that the location size be between 1,000 to 1,500 square feet. Best Brains communicates its approval or disapproval of locations or leases through a written notice delivered to the franchisee, typically within 30 days after the location evaluation or lease information is available.
The franchisee must also lease the premises in the form and manner required by Best Brains and provide a copy of the signed lease immediately after signing. The franchisee is prohibited from signing any lease that has not been approved in writing by Best Brains. If the business premises is leased, the lease must be submitted for written approval at least fifteen days before it is scheduled to be executed and must include specific language outlined in the Lease Rider attached to the Franchise Agreement. This Lease Rider grants Best Brains the right to enter the premises for inspections, receive default notices from the lessor, and assume the lease under certain conditions, such as franchisee default or termination of the Franchise Agreement. The franchisee cannot modify the lease without prior approval from Best Brains and must ensure that any new, amended, or renewed lease includes the terms and conditions required by Best Brains.