Before bringing a claim against Best Brains, to whom must I first bring the claim?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- **G.
Prior Notice of Claims.** As a condition precedent to commencing an action for a Claim, you must notify us within thirty (30) days after the occurrence of the violation or breach, and failure to timely give such notice shall preclude any claim for damages.
- **H.
Internal Dispute Resolution**.
You must first bring any Claim to our CEO, after providing notice as set forth in Section 9.G above.
You must exhaust this internal dispute resolution procedure before you may bring your Claim before a third party.
- **I.
Mediation.** Before you may bring any Claim against us in court, you agree to try for a period of 60 days to mediate such claim before a mutually agreed to mediator in the city or county where our headquarters are located.
If we can not mutually agree on a mediator, you and we agree to use the mediation services of the American Arbitration Association ("AAA), and split any AAA and mediator fees equally.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, before commencing an action for a claim against Best Brains, a franchisee must first notify Best Brains within thirty (30) days after the occurrence of the violation or breach. Failure to provide this notice in a timely manner will preclude any claim for damages.
Following this initial notification, the franchisee must then bring the claim to the CEO of Best Brains. This internal dispute resolution procedure must be exhausted before the franchisee can bring their claim before a third party, such as in mediation or court.
After completing the internal dispute resolution, the franchisee is required to attempt mediation for 60 days with a mutually agreed-upon mediator in the city or county where Best Brains' headquarters are located. If a mediator cannot be agreed upon, the franchisee and Best Brains will use the mediation services of the American Arbitration Association (AAA) and split any AAA and mediator fees equally. These steps are preconditions to initiating a lawsuit against Best Brains.