What is the timeframe for assigning the Best Brains franchise to an approved buyer in the event of death or disability?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon the death or permanent disability of Franchisee (or Franchisee's managing shareholder, partner, or member, if Franchisee is an entity), the executor, administrator, conservator, or other personal representative of such person shall transfer Franchisee's interest to the heirs or beneficiaries of such person or to a third party approved by us within a period of five months, so long as arrangements satisfactory to us are made for the continued active management of the Franchised Business.
Such transfers, including without limitation, transfers by devise or inheritance or trust provisions, shall be subject to the same conditions for transfers contained in this Agreement.
You shall be deemed to have a "permanent disability" if your ability to operate or oversee the operation of the Franchised Business on a regular basis is for any reason curtailed for a continuous period of six months.
In addition to the foregoing, in order to prevent any interruption of the Franchised Business and to protect the goodwill associated with the Marks and System, if you die or become disabled so you are not able to operate or oversee the operation of the Franchised Business on a regular basis, we may operate the Franchised Business on your behalf for so long as we deem necessary under the circumstances. All revenues received from the operation of the Franchised Business during such period of operation by us shall be kept in a separate account and the expenses of the Franchised Business including, without limitation, reasonable compensation and expenses of the Company and its agents and employees in operating the Franchised Business, shall be charged to such account. You agree to defend, indemnify and hold harmless the Company and its agents and employees who may act hereunder.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 32–34)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, in the event of the death or permanent disability of a franchisee, their representative (executor, administrator, etc.) has a period of five months to transfer the franchise to either the heirs/beneficiaries or to a third-party buyer approved by Best Brains. During this time, arrangements must be made that are satisfactory to Best Brains to ensure the continued active management of the franchised business.
This transfer is subject to the standard transfer conditions outlined in the franchise agreement. Additionally, Best Brains retains the right to operate the franchise on behalf of the franchisee's estate or representative during this period if they deem it necessary to prevent any interruption of the business and to protect the brand's goodwill.
If Best Brains chooses to operate the franchise, all revenues generated will be kept in a separate account. The expenses of running the business, including reasonable compensation for Best Brains and its agents, will be charged to this account. The franchisee's estate is responsible for defending, indemnifying, and holding Best Brains harmless for any actions taken during this period.