What right does Brain Balance have regarding curing a franchisee's default under the lease?

According to Brain Balance's 2025 Franchise Disclosure Document, the franchisor (referred to as 'Assignee') has the option, but not the obligation, to cure a franchisee's (referred to as 'Assignor') default under the lease. The landlord must provide Brain Balance with written notice of any default given to the franchisee within three days of notifying the franchisee. Brain Balance then has the right to cure the default within fifteen days after the period in which the franchisee may cure the default has expired, if the franchisee fails to do so.

This conditional assignment of lease is made as part of the Franchise Agreement between Brain Balance, the franchisee, and the landlord. The franchisee conditionally assigns their rights, title, and interest in the lease and any security deposit to Brain Balance, subject to the terms outlined in the assignment. As long as certain conditions are not met, the franchisee retains all rights, privileges, and obligations as the tenant under the lease.

In the event of a default under the lease by the franchisee, a default under the Franchise Agreement by the franchisee, or the expiration and termination of the Franchise Agreement for any reason, Brain Balance has the option to accept the assignment and replace the franchisee as the tenant under the lease. This is done by providing an Assignment Notice to the landlord. Even if Brain Balance acts to cure the franchisee's default, the franchisee is still considered in default under the lease for the purposes of the assignment.