Who has the rights to email addresses and websites associated with the Best Brains marks after termination?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that we have the sole rights to and interest in all e-mail and internet addresses, websites, domain names, social media sites and search engine identifiers, and all telephone and facsimile numbers and directory listings associated with the Marks, and you authorize us, and appoint us as your attorney-in-fact, to direct such telephone companies, internet service providers, domain name registrars, social media hosts and all listing agencies to transfer same to us or our designee.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, Best Brains retains sole rights to all email and internet addresses, websites, domain names, social media sites, search engine identifiers, telephone and facsimile numbers, and directory listings associated with their marks. Upon termination of the franchise agreement, the franchisee must authorize the transfer of these assets to Best Brains or their designee.
This means that when a Best Brains franchise agreement ends, the franchisee loses control over all online and telecommunications assets related to the Best Brains brand. This includes the website and email address used to conduct business during the franchise term. The franchisee is obligated to assist in transferring these assets back to Best Brains.
This provision is typical in franchising, as it ensures brand consistency and protects the franchisor's online presence. For a prospective franchisee, this highlights the importance of understanding that the digital assets built during the franchise term ultimately belong to Best Brains. Franchisees should factor this into their business planning, recognizing that they cannot take these assets with them if they leave the Best Brains system.