What is the required form and manner for a Best Brains franchisee to lease their premises?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
You must lease the premises for your location in the form and manner required by us and deliver a copy of the signed lease to us immediately after its signing. You must not sign any lease which has not been approved in writing by us. If your business premises is to be leased, you must submit the lease to us for written approval at least fifteen days before it is scheduled to be executed. If you lease your business premises, the lease must include language contained in the Lease Rider which is attached to your Franchise Agreement as Schedule 2. The lease shall give us, our agents or designees the right to enter the premises to conduct inspections at any time during regular business hours, the right to receive notices of default directly from the lessor and the right, but not the duty, to assume the lease for all or any part of the term, if you default under the lease, are evicted or if your Franchise Agreement expires or is terminated. You must not lease or sublet all or any part of your business premises to others or use any portion of the premises for any purpose other than conducting business pursuant to your Franchise Agreement without our prior written consent. You must not sign or agree to any modification of the lease without our prior approval. You must agree that any new, amended, restated, extended or renewed lease for the location will include the above terms and conditions required to be included in a lease for a location. If you want to relocate, you must notify us in writing 60 days before the relocation. We reserve the right to refuse to approve a proposed relocation if we believe that the proposed relocation is for any reason not acceptable to us. Our judgment may be based on factors such as the proximity to existing or proposed locations owned by other franchisees or us, the suitability of the proposed facilities, compliance with our then current franchise location requirements, the competitiveness within the market place or other factors. We recommend that you employ the services of a real estate attorney for legal advice regarding the terms of the lease. (Franchise Agreement - Sections 5.C and D.)
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 23–28)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, franchisees must adhere to specific requirements when leasing their business premises. The lease agreement must be in a form and manner that Best Brains requires, and a copy of the signed lease must be provided to them immediately after signing. Importantly, franchisees cannot sign any lease without prior written approval from Best Brains.
To ensure compliance, franchisees must submit the lease to Best Brains for written approval at least fifteen days before the scheduled execution date. The lease must also include specific language outlined in the Lease Rider, which is attached as Schedule 2 to the Franchise Agreement. This Lease Rider grants Best Brains and its representatives the right to enter the premises for inspections during regular business hours, receive default notices directly from the lessor, and assume the lease if the franchisee defaults, is evicted, or if the Franchise Agreement expires or is terminated.
Furthermore, franchisees are prohibited from leasing or subletting any part of the business premises or using it for any purpose other than conducting business under the Franchise Agreement without prior written consent from Best Brains. Any modifications to the lease also require prior approval. When renewing or amending the lease, the franchisee must ensure that the new lease includes all the terms and conditions initially required by Best Brains. If a franchisee wishes to relocate, they must provide written notice to Best Brains 60 days in advance, and Best Brains reserves the right to disapprove the relocation based on factors such as proximity to other locations, suitability of the facilities, compliance with location requirements, and market competitiveness. Best Brains recommends that franchisees seek legal advice from a real estate attorney regarding the lease terms.