Does the non-solicitation clause in the Best Brains franchise agreement apply if I sell my franchise?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. No Solicitation. In addition, in the event of the termination or expiration of the Agreement, including a transfer of the Franchised Business or your interest in it, you will not for a two (2) year period, within the same geographic area solicit business for a learning center from any customer of the Franchised Business. If the duration, scope and/or geographic area set forth in this paragraph and Agreement are held to be unreasonable and therefore unenforceable by any court of competent jurisdiction, then the duration, scope and/or geographic area of the foregoing restrictions and agreements shall remain in full force and effect as to such maximum duration, scope and/or geographic area as the court shall allow.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the non-solicitation clause does apply if you transfer your franchise. Specifically, upon the transfer of your Best Brains franchise, you are subject to certain restrictions.
For a period of two years following the transfer, you cannot solicit business from any customer of the franchised business within the same geographic area for a learning center. This means that even after selling your franchise, you are prohibited from actively seeking to attract students away from the Best Brains center you previously owned.
This restriction is designed to protect the Best Brains brand and the interests of other franchisees by preventing former owners from unfairly competing immediately after selling their business. If any part of this non-solicitation agreement is deemed unenforceable by a court, the maximum allowable duration, scope, and geographic area will still apply.