If a Best Brains franchisee abandons the operation of the Franchised Business, can Best Brains terminate the agreement?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Termination by Company. In addition to the other provisions of this Agreement allowing termination, we may terminate this Agreement, effective upon delivery of notice of termination to Franchisee, for any of the following reasons:
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- If you abandon, surrender, or transfer control of the operation of the Franchised Business without our prior written consent;
CALIFORNIA ADDENDUM TO THE FRANCHISE AGREEMENT
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- Section 7.B. is deleted and in its place is substituted the following:
- 7.B.1 Termination by Us Without Right to Cure. We may terminate this Agreement without notice and the opportunity to cure for any of the following reasons:
- (b) The franchisee abandons the franchise by failing to operate the business for five consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for the franchisor to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake, or other similar causes beyond the franchisee's control;
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, Best Brains can terminate the franchise agreement if a franchisee abandons, surrenders, or transfers control of the operation of the franchised business without prior written consent. The termination is effective upon delivery of the termination notice to the franchisee.
However, the California Addendum modifies this provision for franchisees in California. Best Brains may terminate the agreement without notice or an opportunity to cure if the franchisee abandons the franchise by failing to operate the business for five consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for Best Brains to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake, or other similar causes beyond the franchisee's control.
This means that a Best Brains franchisee's failure to operate the business can lead to termination of the franchise agreement. The specific conditions and notice requirements depend on whether the franchise is located in California or another state. Franchisees should be aware of these termination conditions to avoid unintentionally breaching the agreement.