How long does Best Brains have to exercise its option to purchase assets after termination or expiration?

According to Best Brains' 2025 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, Best Brains has a 90-day option to purchase some or all of the franchisee's equipment, supplies, inventory, advertising materials, and items with Best Brains' marks. This purchase would be made for cash at fair market value.

If Best Brains and the franchisee cannot agree on the fair market value, a business appraiser selected by Best Brains will determine the value, and the cost of the appraiser will be split equally between Best Brains and the franchisee. Best Brains also retains the right to assign this purchase option to a third party.

This clause is important for a prospective franchisee to understand, as it outlines the terms under which Best Brains can acquire the franchisee's assets after the franchise agreement ends. It ensures that the franchisee is compensated at fair market value for these assets, although there is a potential cost associated with the appraisal if the parties disagree on the initial valuation. The franchisee should be aware that Best Brains can transfer this option to another party, which could impact the negotiation process.