Does Best Brains require center assistants to sign a non-competition agreement?
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)
Based on the 2025 Best Brains Franchise Disclosure Document, the document does not explicitly state that center assistants are required to sign a non-competition agreement. However, the FDD does outline non-competition covenants for the franchisee during the term of the franchise agreement and after termination or expiration.
During the franchise term, franchisees cannot offer services similar to those offered by a Best Brains learning center, except under another franchise agreement with them. After termination or expiration of the franchise agreement, the franchisee is restricted for two years from offering similar services within 25 miles of their former Best Brains location or any other Best Brains location. Additionally, the franchisee is 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.
Because the FDD does not specify whether non-competition agreements are required for center assistants, it is important for a prospective franchisee to clarify this point with the franchisor. Understanding whether these employees are bound by such agreements is crucial for managing staff and protecting the business's interests. A prospective franchisee should inquire about the specific terms and conditions, if any, that apply to center assistants regarding non-competition and non-solicitation.