Does a Best Brains franchisee have the right to use other channels of distribution, such as the Internet, to make sales?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
nder 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.
Neither the franchisor nor any affiliate operates, franchises, or has plans to operate or franchise a business under a different trademark which sells or will sell goods or services similar to those the franchisee will offer.
If you want to relocate the learning center, you must notify us in writing 60 days before the relocation. We reserve the right to refuse to approve a proposed relocation if we believe that the proposed relocation is for any reason not acceptable to us.
Source: Item 12 — TERRITORY (FDD pages 28–29)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, franchisees are generally prohibited from using the Internet or other alternative channels to make sales. While franchisees can accept orders from anywhere, they need written approval from Best Brains to sell products or services via the Internet, mail order, or catalogs.
Best Brains retains the right to use various distribution channels, including the Internet, mail order, and catalog sales, to sell products and services under both the franchisor's principal trademarks and different trademarks. This means Best Brains can directly compete with franchisees through online sales or other methods without compensating the franchisee.
This policy is important for prospective franchisees to consider, as it limits their control over sales channels and exposes them to potential competition from the franchisor's online or alternative distribution efforts. Franchisees should seek clarification from Best Brains regarding the conditions under which Internet sales might be approved and how the franchisor's online sales strategy could impact their business.