Is the lease for the premises of the Best Brains business subject to the Franchisor's approval?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- Under the Franchise Agreement, any lease or any modification or renewal of the Lease for the Premises of the Best Brains business is subject to the Franchisor's approval.
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 ours then current franchise location requirements, and the competitiveness within the marketplace or other factors.
Our approval of the location and the lease does not constitute a guaranty or a representation of the likelihood of success of the location or the viability of the lease terms. You are encouraged to employ the services of a real estate attorney for legal advice regarding the terms of the lease.
- Lease Renewal. Prior to renewal of a lease, we must review and approve the lease renewal. Our approval of the lease renewal shall be conditioned upon the inclusion of terms in the lease acceptable to Company, including but not limited to those provisions required to be included in a lease for a location as specified in this Agreement.
As a condition to approving the lease renewal, you may be required to remodel, modernize, and redecorate the premises of the Franchised Business to reflect our current standards and image. Upon receiving a request for a lease renewal, we shall furnish you with a written notice of any deficiencies which require relating to the image, appearance, decoration, furnishings, equipment and stocking of the Franchised Business as well as a schedule for effecting upgrading or modifications to bring the Franchised Business in compliance with our current standards.
You are responsible for the fee for ours services in connection with the lease renewal and the process for evaluating the necessary upgrades up to $3,500. The fee is based on the costs incurred by us, and is due and payable to us at the time of the execution of the lease renewal.
- 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.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains's 2025 Franchise Disclosure Document, any lease or modification/renewal of a lease for the premises of the Best Brains business requires the franchisor's approval. Specifically, the lease must include language contained in the Lease Rider.
The FDD states that Best Brains's approval of a location and lease doesn't guarantee the location's success or the lease terms' viability, and franchisees are encouraged to seek legal advice from a real estate attorney regarding the lease terms.
Prior to lease renewal, 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, Best Brains may require franchisees to remodel, modernize, and redecorate the premises to reflect current standards and image. The franchisee is responsible for a fee up to $3,500 for Best Brains's services in connection with the lease renewal and the process for evaluating necessary upgrades. This fee is based on costs incurred by Best Brains and is due at the time of the lease renewal execution.
Before executing a lease, franchisees must submit it to Best Brains for written approval at least fifteen days prior to the scheduled execution. Franchisees are prohibited from executing or agreeing to any lease modification without Best Brains's prior approval, which will not be unreasonably withheld.