After the Best Brains franchise is terminated or expires, for how long is a franchisee prohibited from offering similar services?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Post-Term. In the event of termination or expiration of this Agreement, including a transfer of the Franchised Business or your interest in it, you will not, directly or indirectly, for a period of two (2) years offer services similar to those offered by a BEST BRAINS learning center at or within 25 miles of your former location or within 25 miles of any BEST BRAINS location.
- C. No Solicitation. In addition, in the event of the termination or expiration of the Agreement, including a transfer of the Franchised Business or your interest in it, you will not for a two (2) year period, within the same geographic area solicit business for a learning center from any customer of the Franchised Business. If the duration, scope and/or geographic area set forth in this paragraph and Agreement are held to be unreasonable and therefore unenforceable by any court of competent jurisdiction, then the duration, scope and/or geographic area of the foregoing restrictions and agreements shall remain in full force and effect as to such maximum duration, scope and/or geographic area as the court shall allow.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 32–34)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, franchisees face certain restrictions regarding competition after the franchise agreement ends. Specifically, if the agreement is terminated or expires, the franchisee is prohibited from offering services similar to those of a Best Brains learning center for a period of two years.
This non-compete clause extends not only to the franchisee's former location but also to any other Best Brains location within a 25-mile radius. Additionally, the franchisee is barred from soliciting business from any customer of the franchised business within the same geographic area for the same two-year period.
This post-term non-compete agreement is a standard practice in franchising to protect the brand and its established market. The FDD also states that if any part of these restrictions is deemed unenforceable by a court, the restrictions will remain in effect to the maximum extent allowed by the court. This ensures that Best Brains retains as much protection as possible, even if the original terms are found to be too broad.