In the event of a fire causing the Best Brains franchisee to cease operations, will this be considered abandonment?

According to Best Brains' 2025 Franchise Disclosure Document, a franchisee's failure to operate the business due to a fire would not be considered abandonment under specific conditions outlined in the California Addendum. This addendum modifies the standard franchise agreement for franchisees operating in California.

Specifically, the addendum states that Best Brains may terminate the agreement without the opportunity to cure if the franchisee abandons the franchise by failing to operate the business for five consecutive days. However, there is an exception: this termination clause does not apply if the failure to operate is due to fire, flood, earthquake, or other similar causes beyond the franchisee's control.

This provision offers a degree of protection to Best Brains franchisees in California, ensuring they are not penalized for circumstances outside their control that temporarily prevent them from operating their learning center. It is important to note that this protection is specifically mentioned within the California addendum, suggesting that the standard agreement might treat such closures differently. Franchisees operating outside of California should verify if a similar clause exists within their franchise agreement or any state-specific addenda.