What is the Best Brains franchisee's responsibility regarding obtaining Best Brains' approval for a lease before executing it?
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 to Best Brains for written approval at least 15 days before the lease is scheduled to be executed. The franchisee is prohibited from executing or agreeing to any lease modification without prior approval from Best Brains. This approval will not be unreasonably withheld. The lease must include specific language outlined in the Lease Rider, which is attached as Schedule 2 in the agreement. This Lease Rider ensures that Best Brains has the right to inspect the premises, receive default notices directly from the lessor, and assume the lease if the franchisee defaults, is evicted, or if the Franchise Agreement expires or is terminated.
The FDD states that any new, amended, restated, extended, or renewed lease for the Best Brains Franchised Business must include these terms and conditions. This requirement ensures that Best Brains maintains control over the location and operation of its franchises, even in situations where the franchisee faces difficulties.
Best Brains' judgment in approving a location and lease may be based on factors such as proximity to existing or proposed locations, suitability of the facilities, compliance with franchise location requirements, and competitiveness within the marketplace. However, Best Brains approval does not guarantee the success of the location or the viability of the lease terms, and franchisees are encouraged to seek legal advice from a real estate attorney regarding the lease terms.
Prior to renewing a lease, Best Brains must review and approve the lease renewal, which is conditional upon the inclusion of terms acceptable to Best Brains. As a condition of approving the lease renewal, the franchisee may be required to remodel, modernize, and redecorate the premises to reflect Best Brains' current standards and image. The franchisee is responsible for a fee up to $3,500 for Best Brains' services in connection with the lease renewal and the evaluation of necessary upgrades.