What option does Best Brains have regarding the purchase of assets upon termination or expiration?

According to Best Brains' 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, Best Brains has the option to purchase certain assets from the franchisee. Specifically, Best Brains has a 90-day option to buy some or all of the franchisee's equipment, supplies, inventory, advertising materials, and any items bearing 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 of these assets, a business appraiser selected by Best Brains will determine the value. The cost of this appraiser is to be shared equally between Best Brains and the franchisee. This process ensures that a neutral third party can step in to resolve valuation disagreements, preventing potential disputes.

Best Brains also retains the right to assign this purchase option to a third party, meaning they could have another entity exercise the option to buy the assets instead. This provides Best Brains with flexibility in how they handle the assets of a terminated or expired franchise. This clause is fairly standard in franchise agreements, as it allows the franchisor to maintain control over branding and assets even after a franchise ceases operation.