Can Best In Class Education Center unilaterally modify the brand protection covenants?
Best_In_Class_Education_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
Although you and we believe the covenants in §3 are reasonable we may, upon written notice to you, unilaterally modify the brand protection covenants in §3 of this Agreement by limiting the scope of the Prohibited Activities, narrowing the definition of a Competing Business, shortening the duration of the Restricted Period, reducing the geographic scope of the Restricted Territory and/or reducing the scope of any other covenant imposed upon you under §3 of this Agreement to ensure the covenants are enforceable under applicable Law.
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 may modify the brand protection covenants. Specifically, Best In Class Education Center can unilaterally modify the brand protection covenants in Section 3 of the franchise agreement.
This modification is limited to actions that would reduce the restrictions on the franchisee. Best In Class Education Center can limit the scope of prohibited activities, narrow the definition of a competing business, shorten the duration of the restricted period, reduce the geographic scope of the restricted territory, and/or reduce the scope of any other covenant imposed on the franchisee.
This ability to modify the covenants is designed to ensure that the covenants are enforceable under applicable law. Best In Class Education Center must provide written notice to the franchisee before making any such modifications.