How long is the cure period that Best Brains provides for breaches of the agreement?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
r laws or regulations applicable to the operation of the franchise;
- (f) The franchisee, after curing any failure in accordance with Section 7.B.2 engages in the same noncompliance whether or not such noncompliance is corrected after notice;
- (g) The franchisee breaches the franchise agreement three or more times in a 12-month period, whether or not corrected after notice;
- (h) The franchised business or business premises of the franchise are seized, taken over, or foreclosed by a government official in the exercise of his or her duties, or seized, taken over, or foreclosed by a creditor, lienholder, or lessor, provided that a final judgment against the franchisee remains unsatisfied for 30 days (unless a supersedeas or other appeal bond has been filed); or a levy of execution has been made upon the license granted by the franchise agreement or upon any property used in the franchised business, and it is not discharged within five days of such levy;
- (i) The franchisee is convicted of a felony or any other criminal misconduct which is relevant to the operation of the franchise;
- (j) The franchisee fails to pay any franchise fees or other amounts due to the franchisor or its affiliate within five days after receiving written notice that such fees are overdue; or
- (k) The franchisor makes a reasonable determination that continued operation of the franchise by the franchisee will result in an imminent danger to public health or safety.
- 7.B.2 Termination by Us with Opportunity to Cure. We may terminate this Agreement, after sending you notice and a 60-day opportunity to cure, for any other breach of this Agreement.
- 10.E. Punitive Damages Waiver. Section 10.E.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, Best Brains may terminate the franchise agreement if the franchisee breaches the agreement. However, Best Brains must first provide the franchisee with written notice of the breach and a 60-day period to correct, or "cure," the breach. This cure period applies to most breaches of the agreement.
However, the Best Brains franchise agreement stipulates certain breaches that do not require a cure period. These include situations where the franchisee engages in the same noncompliance after initially correcting it, breaches the agreement three or more times within a 12-month period (regardless of correction), or is convicted of a felony relevant to the franchise operation. Additionally, failure to pay franchise fees or other amounts due within five days of written notice of overdue payment, or actions that the franchisor reasonably determines will result in imminent danger to public health or safety, also do not require a cure period.
This means that a prospective Best Brains franchisee should understand what constitutes a breach of contract and the specific conditions under which they would be allowed time to correct the issue. It is also important to note the instances where Best Brains can immediately terminate the agreement without offering an opportunity to cure, as these could have significant financial and operational consequences for the franchisee.