Who are the third-party beneficiaries of the enforcement provisions in the Best Brains franchise agreement?

According to Best Brains' 2025 Franchise Disclosure Document, the landlord, Best Brains (the Franchisor), its affiliates, or a company with which Best Brains may merge or consolidate are considered third-party beneficiaries of the lease agreement. This means these parties have specific rights and can enforce provisions within the lease that benefit them, subject to conditions outlined in the lease rider.

Specifically, the landlord and franchisee acknowledge that Best Brains (or its affiliate or a company with which the franchisee or Best Brains may merge or consolidate) is an intended third-party beneficiary of the lease. This grants Best Brains the right to enforce any provisions in the lease that benefit them, subject to the conditions outlined in the rider. This provision ensures that Best Brains has the legal standing to protect its interests related to the franchise location and operation.

This arrangement is typical in franchising, as it allows the franchisor to maintain control over the location and ensure compliance with brand standards, even though they are not a direct party to the lease agreement between the franchisee and the landlord. For a prospective Best Brains franchisee, this means the lease agreement for their center's location will likely include clauses that directly benefit and can be enforced by Best Brains, giving the franchisor additional oversight and control.