What is the Best Brains franchisee's obligation regarding submitting a lease for written approval before execution?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- Lease. If you will lease premises, you must first submit the lease to us for written approval at least fifteen days before is the lease is scheduled to be executed. You shall not execute or agree to any modification of a lease without our prior approval. Such approval shall not be unreasonably withheld.
The lease must include language contained in the Lease Rider, attached as Schedule 2. The lease must give the Company, its agents or designees the right to:
- i. enter the premises to conduct inspections at any time during regular business hours,
- ii. receive notices of default directly from the lessor, and
- iii. to assume the lease for all or any part of the term if you default under the lease, are evicted, or if this Agreement expires or is terminated.
You agree that any new, amended, restated, extended or renewed lease for the Franchised Business will include the above terms and conditions.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, a franchisee must submit any lease for their Best Brains center to the company for written approval at least 15 days before the lease is scheduled to be executed. The franchisee cannot execute or agree to any lease modification without Best Brains' prior approval, which Best Brains will not unreasonably withhold. The lease must include specific language outlined in the Lease Rider, which is attached as Schedule 2 in the Franchise Agreement.
The required lease language must grant Best Brains, its agents, or designees the right to enter the premises for inspections during regular business hours, receive default notices directly from the lessor, and assume the lease for all or any part of the term if the franchisee defaults, is evicted, or if the Franchise Agreement expires or is terminated. Any new, amended, restated, extended, or renewed lease must include these terms and conditions.
This requirement ensures that Best Brains maintains some control over the location and terms of the lease, protecting its brand and interests. It is common practice in franchising for franchisors to have approval rights over lease agreements to ensure that the location is suitable and the lease terms do not negatively impact the franchise or the franchisor. The franchisee is encouraged to seek legal advice from a real estate attorney regarding the lease terms.