What liability or obligation does Best Brains assume regarding the maintenance, direction, or administration of the Brand Development Fund?

According to Best Brains' 2025 Franchise Disclosure Document, Best Brains has limited liability or obligation to franchisees regarding the Brand Development Fund. Best Brains has sole discretion over the advertising and marketing programs financed by the fund, including creative concepts, materials, endorsements, and placement of advertisements.

Best Brains is not obligated to ensure that expenditures in a market area are proportionate or equivalent to a franchisee's contributions, or that any Best Brains business benefits directly or pro rata from the marketing programs or advertising. The Brand Development Fund is intended to maximize general public recognition of the Best Brains brand for the benefit of all Best Brains businesses.

The FDD specifies that Best Brains will account for the Brand Development Fund separately from its other funds and can use it for reasonable salaries, administrative costs, and overhead related to the fund's administration, advertising, and marketing. Best Brains is authorized to spend more or less than the aggregate contributions of all Best Brains businesses in any fiscal year and may borrow or invest funds to cover deficits or surpluses. Except as expressly provided, Best Brains assumes no specific liability or obligation to franchisees regarding the maintenance, direction, or administration of the Brand Development Fund.