Can Best In Class Education Center change its Intellectual Property at any time?
Best_In_Class_Education_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.2. Intellectual Property Changes.
We may change the Intellectual Property at any time in our sole discretion, including the Copyrighted Materials, Know-how, Marks and/or System or discontinuing the licensing of LMS and/or the BC Portal to Centers.
You must implement all Intellectual Property changes we require in accordance with our instructions.
If we require you to discontinue use of our primary Mark, BEST IN CLASS EDUCATION CENTER®, we will reimburse you for your reasonable documented expenses of compliance (changing signage, brochures, stationary, etc.).
Other than the foregoing reimbursement obligation, we have no liability to you for any expenses, losses or damages you incur (including loss of goodwill associated with a Mark) due to a change to the Intellectual Property.
Source: Item 23 — RECEIPT (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Best In Class Education Center FDD, Best In Class Education Center has the right to change its Intellectual Property at any time and at its sole discretion. This includes changes to Copyrighted Materials, Know-how, Marks, and/or System, or even discontinuing the licensing of LMS and/or the BC Portal to Centers. The franchisee is obligated to implement all Intellectual Property changes as instructed by Best In Class Education Center.
If Best In Class Education Center requires a franchisee to discontinue the use of its primary Mark, BEST IN CLASS EDUCATION CENTER®, Best In Class Education Center will reimburse the franchisee for reasonable, documented expenses related to compliance, such as changing signage, brochures, and stationery. However, outside of this specific reimbursement for discontinuing the primary mark, Best In Class Education Center assumes no liability for any other expenses, losses, or damages incurred by the franchisee due to changes in the Intellectual Property. This includes any loss of goodwill associated with a Mark.
This policy has significant implications for prospective franchisees. While Best In Class Education Center provides some financial relief if the primary mark is discontinued, franchisees must be prepared to bear the costs of adapting to other changes in Intellectual Property. This could involve updating training materials, marketing strategies, or operational procedures, all at the franchisee's expense. Franchisees should carefully consider the potential financial burden and operational challenges associated with these changes and factor them into their business planning.