What happens if a Best Brains franchisee is evicted from their location?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
You must lease the premises for your location in the form and manner required by us and deliver a copy of the signed lease to us immediately after its signing. You must not sign any lease which has not been approved in writing by us. If your business premises is to be leased, you must submit the lease to us for written approval at least fifteen days before it is scheduled to be executed. If you lease your business premises, the lease must include language contained in the Lease Rider which is attached to your Franchise Agreement as Schedule 2. The lease shall give us, our agents or designees the right to enter the premises to conduct inspections at any time during regular business hours, the right to receive notices of default directly from the lessor and the right, but not the duty, to assume the lease for all or any part of the term, if you default under the lease, are evicted or if your Franchise Agreement expires or is terminated. You must not lease or sublet all or any part of your business premises to others or use any portion of the premises for any purpose other than conducting business pursuant to your Franchise Agreement without our prior written consent. You must not sign or agree to any modification of the lease without our prior approval. You must agree that any new, amended, restated, extended or renewed lease for the location will include the above terms and conditions required to be included in a lease for a location. If you want to relocate, 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. Our judgment may be based on factors such as the proximity to existing or proposed locations owned by other franchisees or us, the suitability of the proposed facilities, compliance with our then current franchise location requirements, the competitiveness within the market place or other factors. We recommend that you employ the services of a real estate attorney for legal advice regarding the terms of the lease. (Franchise Agreement - Sections 5.C and D.)
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 23–28)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, if a franchisee is evicted from their business premises, Best Brains has specific rights. The lease agreement, which Best Brains must approve, includes a Lease Rider that grants Best Brains, its agents, or designees certain rights. These rights include the ability to enter the premises for inspections during regular business hours, receive default notices directly from the lessor, and, most importantly, the option (but not the duty) to assume the lease for the remainder of its term. This assumption can occur if the franchisee defaults on the lease, is evicted, or if the Franchise Agreement expires or is terminated.
This provision is significant for prospective franchisees because it means that Best Brains maintains control over the location even if the franchisee's business fails or the agreement ends. The franchisee is prohibited from leasing or subletting any part of the business premises or using it for any purpose other than conducting the Best Brains business without prior written consent from Best Brains. Furthermore, any modifications to the lease require Best Brains' prior approval, and any new, amended, restated, extended, or renewed lease must include the terms and conditions required by Best Brains.
Best Brains also requires franchisees to submit any lease for written approval at least fifteen days before it is scheduled to be executed. If a franchisee wants to relocate, they must notify Best Brains in writing 60 days before the relocation, and Best Brains reserves the right to refuse the relocation if it is not acceptable based on factors such as proximity to other locations, suitability of the facilities, compliance with location requirements, or competitiveness within the marketplace. It is recommended that franchisees employ the services of a real estate attorney for legal advice regarding the terms of the lease.