Under what circumstances does the landlord irrevocably and unconditionally consent to the assignment of the lease from the Best Brains franchisee to the franchisor?

According to Best Brains' 2025 Franchise Disclosure Document, the landlord irrevocably and unconditionally consents to the assignment of the lease from the franchisee to Best Brains (or its affiliate, or a company with which the franchisee or Best Brains may merge or consolidate) under specific conditions. This consent is granted if the franchisee assigns all rights, title, and interest in the lease to Best Brains upon the termination of either the lease or the Franchise Agreement, or if no subsequent Franchise Agreement is executed.

However, this assignment is only effective if two conditions are met. First, the Franchise Agreement must be terminated or expired without a renewal Franchise Agreement in place. Second, Best Brains must provide written notice to both the franchisee and the landlord, stating that it will assume the franchisee's obligations under the lease.

This clause ensures that Best Brains has the option to take over the lease if a franchisee exits the business, allowing for continued operation at the location. For a prospective franchisee, this means that the landlord has already agreed to allow Best Brains to step in and assume the lease under certain conditions, providing a level of security for Best Brains and potentially ensuring business continuity. However, the franchisee should be aware that this clause does not release them from obligations if Best Brains does not assume the lease.