In the event of death or disability, do all transfer provisions apply to the assignment of a Best Brains franchise?

According to Best Brains' 2025 Franchise Disclosure Document, if a franchisee dies or becomes permanently disabled, the franchise must be assigned to an approved buyer within 5 months, and all transfer provisions outlined in Section 9 of the franchise agreement apply.

Specifically, the FDD states that in the event of death or permanent disability, the executor, administrator, conservator, or other personal representative is required to transfer the franchisee's interest to heirs, beneficiaries, or a third party approved by Best Brains within five months. To ensure the continued operation of the Best Brains franchise and protect its brand, Best Brains has the right to operate the franchise on behalf of the franchisee during the period of disability or after death, as deemed necessary. Revenues generated during this period will be kept in a separate account, from which the expenses of operating the franchise, including compensation for Best Brains and its agents, will be paid.

These transfer conditions include ensuring the transferee meets Best Brains' qualifications, all outstanding amounts are paid, the franchisee is not in default, the transferee meets training requirements, and the current franchise agreement is signed. Additionally, the transferee must assume all remaining obligations, pay a transfer fee, refurbish or remodel assets, obtain lessor consent for lease assignment if needed, and sign releases. Best Brains also retains the right of first refusal to acquire the franchisee's business, potentially matching any offer made by a third party, excluding broker's fees, with cash as a substitute for other forms of payment.