What events trigger the Indemnity obligation for a Best Brains franchisee?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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). |
Source: Item 6 — OTHER FEES (FDD pages 11–15)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, franchisees must reimburse Best Brains if the company is held liable for certain claims. The exact nature of these claims is not specified in the provided excerpt, but the franchisee's obligation is for the actual amount of loss or expense incurred by Best Brains.
The indemnity is due at the time the loss or expense is incurred by Best Brains. The FDD references sections 7(D), 8(E), and 10(O) of the Franchise Agreement, which likely contain further details about the specific situations that would trigger this indemnity obligation.
Prospective Best Brains franchisees should carefully review sections 7(D), 8(E), and 10(O) of the Franchise Agreement to fully understand the circumstances under which they would be required to indemnify Best Brains. It is important to understand what types of claims could arise and what the potential financial exposure could be. Seeking legal counsel to review these sections is advisable.