Is the Best Brains franchise territory exclusive?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. A limited non-exclusive license to use of our rights and Marks, according to this Agreement and our Operations Manual, in connection with the operation of a Franchised Business to be located at a site approved by us and you.
- D. The franchise is for the operation of one Franchised Business to be located at a site to be approved by both you and us within the state specified in your Franchise Agreement. You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control. We may franchise or operate anywhere any other learning center using the same Marks as licensed to you in your franchise agreement. We are allowed to operate and franchise anywhere any business under trademarks different from the Marks licensed to you in your franchise agreement and are allowed to conduct anywhere any business using the Marks or System on the Internet or by any other alternate channel of distribution. You do not receive any options, rights of first refusal or similar rights to acquire additional franchises.
We have used and reserve the right to use other channels of distribution, such as the Internet, or by mail order, or catalog sales or offerings at school, to make sales anywhere using the franchisor's principal trademarks. We have used and reserve the right to use other channels of distribution, such as by the Internet or by mail order or catalog to make sales anywhere of products or services under trademarks different from the ones the franchisees will use under the franchise agreement. There is no compensation that we must pay for soliciting or accepting orders from near your location.
You must focus your marketing efforts on promoting and enhancing the Franchised Business. You are prohibited from selling products or services by the Internet or by mail order or catalog, unless we first provide written approval. You may accept orders from anywhere. You do not have the right to use other channels of distribution, such as by the Internet or by mail order or catalog to make sales.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, franchisees do not receive an exclusive territory. The franchise agreement grants a non-exclusive license for operating a Best Brains center at an approved location. This means a franchisee may face competition from other franchisees, outlets owned by Best Brains, or other channels of distribution and competitive brands controlled by Best Brains. Best Brains retains the right to franchise or operate any other learning center using the same trademarks licensed to the franchisee. They can also operate and franchise any business under different trademarks and conduct business using the Marks or System on the Internet or any other alternate channel of distribution. Franchisees do not receive options, rights of first refusal, or similar rights to acquire additional franchises.
Best Brains also reserves the right to use other channels of distribution, such as the Internet, mail order, or catalog sales, to make sales anywhere using the franchisor's principal trademarks, or to sell products or services under different trademarks. There is no compensation that Best Brains must pay for soliciting or accepting orders near a franchisee's location.
While franchisees must focus their marketing efforts on promoting their Franchised Business, they are prohibited from selling products or services via the Internet, mail order, or catalog without prior written approval from Best Brains. Franchisees may accept orders from anywhere but do not have the right to use other channels of distribution, such as the Internet or mail order, to make sales.