Where must all Best In Class Education Center centers developed under the agreement be located?
Best_In_Class_Education_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.1. Territory Description. We will grant you a territory (your "Center Territory") that includes between 15,000 and 18,000 students between the ages of 5 and 17. We may designate the boundaries of your Center Territory in any manner we deem appropriate as long as includes a student population equal to or greater than the minimum student population specified above. We may use data from any source we deem appropriate to determine the student population within an area. We do not modify your Center Territory based on student population changes during the Term. Upon renewal, we reserve the right to modify your Center Territory in accordance with our then-current territory guidelines and criteria.
- 3.2. Territory Designation. If we approve the site for your Center before signing this Agreement, we will describe your Center Territory in Part D of ATTACHMENT "A". Otherwise, we will describe your Center Territory in the Site Approval Notice we send to you within 15 days after we approve your site pursuant to §7.1. Within five (5) business days after we send you the Site Approval Notice, you must sign and date the franchisee acknowledgment section and send us a copy for our records. Our approval of the site and designation of your Center Territory is immediately effective and binding at the time we issue the Site Approval Notice even if you do not sign the acknowledgment; provided, however, you have five (5) business days after receipt of the Site Approval Notice to suggest changes to your Center Territory (which may, but need not, accept).
- 3.3. Territorial Protections & Limitations. During the Term we will not develop or operate, or license a third party to develop or operate, a Center or a Satellite Office that is located in the Center Territory except as otherwise provided in this Section with respect to Acquisitions. At any time during the Term we reserve the right to engage in Acquisitions that involve, or subsequently result in, conversion of the acquired or acquiring company's outlets to BEST IN CLASS EDUCATION CENTER® outlets, even if those outlets are located in your Center Territory. We reserve the right to sell, and license third parties to sell, competitive or identical goods and services (including under the Marks) within the Center Territory through Alternative Channels of Distribution.
Source: Item 23 — RECEIPT (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Best In Class Education Center FDD, the franchise agreement grants the franchisee a Center Territory. The Center Territory will include between 15,000 and 18,000 students between the ages of 5 and 17. Best In Class Education Center may designate the boundaries of the Center Territory in any manner they deem appropriate as long as it includes the minimum student population specified. The franchisor may use data from any source they deem appropriate to determine the student population within an area. The Center Territory is not modified based on student population changes during the term, but Best In Class Education Center reserves the right to modify the Center Territory upon renewal in accordance with their then-current territory guidelines and criteria.
If Best In Class Education Center approves the site for the franchisee's center before signing the agreement, the Center Territory will be described in Part D of ATTACHMENT "A". Otherwise, the Center Territory will be described in the Site Approval Notice sent to the franchisee within 15 days after the site is approved. The franchisee must sign and date the franchisee acknowledgment section within five business days after receiving the Site Approval Notice and send a copy back to Best In Class Education Center. The approval of the site and designation of the Center Territory is immediately effective and binding when the Site Approval Notice is issued, even if the franchisee does not sign the acknowledgment. However, the franchisee has five business days after receiving the Site Approval Notice to suggest changes to their Center Territory, which Best In Class Education Center may or may not accept.
During the term, Best In Class Education Center will not develop or operate, or license a third party to develop or operate, a Center or a Satellite Office within the Center Territory, except for acquisitions. Best In Class Education Center reserves the right to engage in acquisitions that involve, or subsequently result in, the conversion of the acquired or acquiring company's outlets to Best In Class Education Center outlets, even if those outlets are located in the franchisee's Center Territory. Best In Class Education Center also reserves the right to sell, and license third parties to sell, competitive or identical goods and services (including under the Marks) within the Center Territory through Alternative Channels of Distribution.