Does Best Brains provide the confidentiality and non-competition agreements, or is the franchisee responsible for creating them?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
8. NON-COMPETE AND NO SOLICITATION.
- A. In-Term. You shall not, during the term of this Agreement, directly or indirectly, offer services similar to those offered by a BEST BRAINS learning center, except under this or another franchise agreement with us.
- B. Post-Term. In the event of termination or expiration of this Agreement, including a transfer of the Franchised Business or your interest in it, you will not, directly or indirectly, for a period of two (2) years offer services similar to those offered by a BEST BRAINS learning center at or within 25 miles of your former location or within 25 miles of any BEST BRAINS location.
- 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 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 30–31)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the franchise agreement includes non-compete and no solicitation clauses that the franchisee must adhere to. Specifically, during the term of the agreement, a franchisee cannot offer services similar to those of a Best Brains learning center, except under another franchise agreement with them.
Post-termination or expiration of the franchise agreement, including a transfer of the business, the franchisee is restricted for two years. During this time, they cannot offer similar services within 25 miles of their former Best Brains location or any other Best Brains location. Additionally, they are prohibited from soliciting business from any customer of the franchised business within the same geographic area for a two-year period following termination or expiration of the agreement.
These non-compete and no solicitation terms are part of the standard franchise agreement provided by Best Brains, meaning franchisees do not need to create these agreements independently. The FDD also specifies that if any part of these restrictions is deemed unenforceable by a court, the restrictions will remain in effect to the maximum extent allowed by the court.