Are Best Brains' officers, directors, members, shareholders, agents, and employees third-party beneficiaries of the enforcement provisions?

According to Best Brains' 2025 Franchise Disclosure Document, the company's officers, directors, members, shareholders, agents, and employees are designated as express third-party beneficiaries concerning the enforcement provisions outlined in the franchise agreement. This means these individuals and groups have specific rights to enforce the terms of the agreement, even though they are not direct parties to the contract between Best Brains and the franchisee.

This designation provides an added layer of protection and legal standing for these individuals, allowing them to directly pursue legal action to ensure compliance with the franchise agreement's enforcement terms. It also suggests that Best Brains considers these individuals crucial to maintaining the integrity and standards of the franchise system.

For a prospective franchisee, this clause indicates that Best Brains is serious about enforcing the franchise agreement and protecting the interests of its key stakeholders. However, it also implies that franchisees could face legal action not only from the company itself but also from its officers, directors, and other listed parties, increasing the potential for disputes and legal challenges. Franchisees should carefully review the enforcement provisions to understand their obligations and the potential liabilities they might face.