Can a Best Brains franchisee sell a service that is similar to an approved service but not explicitly approved?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. In-Term. You shall not, during the term of this Agreement, directly or indirectly, offer services similar to those offered by a BEST BRAINS learning center, except under this or another franchise agreement with us.
- 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 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 31)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, during the term of the franchise agreement, a franchisee cannot directly or indirectly offer services similar to those offered by a Best Brains learning center unless it is under the current franchise agreement or another franchise agreement with Best Brains.
This restriction extends beyond the agreement term. For two years after the termination or expiration of the Franchise Agreement, a franchisee is prohibited from offering similar services within 25 miles of their former Best Brains location or any other Best Brains location. They are also restricted from soliciting business from any customer of the Franchised Business within the same geographic area for a two-year period following termination or expiration of the agreement.
These non-compete clauses are designed to protect Best Brains' market and brand integrity. If any part of these restrictions is deemed unreasonable by a court, the restrictions will be enforced to the maximum extent allowable by the court.