What is the condition precedent to commencing an action for a claim against Best Brains?
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 a franchisee can start a legal action against Best Brains for any claim, the franchisee must first notify Best Brains of the violation or breach within thirty (30) days of it occurring. Failing to provide this timely notice will prevent any claim for damages.
In addition to providing notice, the franchisee must first bring the claim to the attention of Best Brains' CEO, after the initial notice is provided. The franchisee is required to exhaust this internal dispute resolution process before pursuing the claim with a third party.
Furthermore, before taking Best Brains to court, the franchisee must attempt to mediate the claim for 60 days with a mutually agreed-upon mediator, located in the city or county where Best Brains' headquarters is situated. If a mediator cannot be agreed upon, the franchisee and Best Brains will use the mediation services of the American Arbitration Association (AAA) and share the associated fees equally. These steps are preconditions to initiating a lawsuit against Best Brains.