Under what conditions does Best Brains have liability or obligation under the lease?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchisee and Landlord acknowledge and agree that the Franchisor (or its affiliate or a company with which the Franchisee or the Franchisor may merge or consolidate) shall have no liability or obligation whatsoever under the Lease unless and until the Franchisor (or its affiliate or a company with which the Franchisee or the Franchisor may merge or consolidate) assumes the Lease in writing pursuant to Paragraphs 3, 4 or 5 above.
The Franchisor (or its affiliate or a company with which the Franchisee or the Franchisor may merge or consolidate) shall assume all of the Franchisee's obligations under the Lease from and after the date of assignment, but shall have no obligation to pay any delinquent rent or to cure any other default under the Lease that occurred or existed prior to the date of the assignment.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, Best Brains has no liability or obligation under the lease unless it assumes the lease in writing. If Best Brains assumes the lease, it takes on all of the franchisee's obligations from the date of assignment forward. However, Best Brains is not obligated to pay any rent that was delinquent or cure any other defaults that occurred before the date of the assignment.
If Best Brains assumes the lease, it has the option to further assign or sublet the lease to another person or entity to operate the Best Brains business at the premises, pending the landlord's prior written consent. However, the landlord's consent is not required if the lease is assigned or sublet to another Best Brains franchisee. If the lease is assigned or sublet to another Best Brains franchisee, Best Brains is fully released from any liability to the landlord.
If the Franchise Agreement expires or is terminated during the term of the lease, the landlord can terminate the lease or exercise other remedies unless Best Brains assumes the lease within 30 days of the termination or expiration of the Franchise Agreement. Landlords must also provide Best Brains with copies of any default or termination notices sent to the franchisee, no later than 30 days before the termination of the lease becomes effective.