Can Best Brains operate or franchise other learning centers using the same marks as licensed to a franchisee?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- D. The franchise is for the operation of one Franchised Business to be located at a site to be approved by both you and us within the state specified in your Franchise Agreement. You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control. We may franchise or operate anywhere any other learning center using the same Marks as licensed to you in your franchise agreement. We are allowed to operate and franchise anywhere any business under trademarks different from the Marks licensed to you in your franchise agreement and are allowed to conduct anywhere any business using the Marks or System on the Internet or by any other alternate channel of distribution. You do not receive any options, rights of first refusal or similar rights to acquire additional franchises.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, Best Brains retains the right to operate or franchise other learning centers using the same marks that are licensed to a franchisee. The franchise agreement grants a franchisee a non-exclusive license, meaning Best Brains can establish competing outlets.
Specifically, Best Brains may franchise or operate any other learning center using the same marks licensed to a franchisee in their franchise agreement. Additionally, Best Brains is allowed to operate and franchise any business under trademarks different from those licensed to the franchisee. They can also conduct any business using the marks or system on the internet or through any other alternate channel of distribution.
This lack of an exclusive territory means that a Best Brains franchisee may face competition from other franchisees, outlets owned by Best Brains, or other channels of distribution or competitive brands controlled by Best Brains. The franchisee does not receive any options, rights of first refusal, or similar rights to acquire additional franchises. This is a significant consideration for prospective franchisees, as it directly impacts the potential market and revenue within their operating area.