Does Best Brains have an obligation to cure any breach of the lease?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Landlord shall deliver to the Franchisor a copy of any notice of default or termination of the Lease at the same time such notice is delivered to the Franchisee, but no later than thirty (30) days before a termination of the Lease would become effective.
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- The Franchisor shall have the right, but not the obligation, upon giving prior written notice of its election to the Franchisee and Landlord, to enter the Premises to cure any breach of the Lease, and if so stated in the notice, to also succeed to the Franchisee's rights, title, and interests thereunder.
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The Franchisee and Landlord acknowledge and agree that the Franchisor (or its affiliate or a company with which the Franchisee or the Franchisor may merge or consolidate) shall have no liability or obligation whatsoever under the Lease unless and until the Franchisor (or its affiliate or a company with which the Franchisee or the Franchisor may merge or consolidate) assumes the Lease in writing pursuant to Paragraphs 3, 4 or 5 above.
The Franchisor (or its affiliate or a company with which the Franchisee or the Franchisor may merge or consolidate) shall assume all of the Franchisee's obligations under the Lease from and after the date of assignment, but shall have no obligation to pay any delinquent rent or to cure any other default under the Lease that occurred or existed prior to the date of the assignment.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, Best Brains does not have an obligation, but does have the right, to cure any breach of the lease. Specifically, the Landlord must deliver to Best Brains a copy of any notice of default or termination of the lease at the same time such notice is delivered to the franchisee, but no later than 30 days before a termination of the Lease would become effective.
Best Brains has the right, but not the obligation, upon giving prior written notice of its election to the franchisee and landlord, to enter the premises to cure any breach of the lease, and if so stated in the notice, to also succeed to the franchisee's rights, title, and interests thereunder. However, Best Brains has no liability or obligation whatsoever under the lease unless and until Best Brains assumes the lease in writing.
If Best Brains assumes the lease, it assumes all of the franchisee's obligations under the lease from and after the date of assignment, but has no obligation to pay any delinquent rent or to cure any other default under the lease that occurred or existed prior to the date of the assignment. This means a prospective franchisee should understand that while Best Brains has the option to step in and resolve lease issues, it is not required to do so, and any existing defaults at the time of assignment remain the franchisee's responsibility.