What is the deadline for notifying Best Brains of a violation or breach before commencing an action?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, a franchisee must notify Best Brains within thirty (30) days after the occurrence of any violation or breach before starting any legal action. Failing to provide this notice within the specified timeframe will prevent the franchisee from claiming damages.
This requirement is a condition that must be met before a franchisee can start a legal action. It means that if a franchisee believes Best Brains has violated the franchise agreement or breached its obligations, they only have a short window to formally notify Best Brains of the issue.
In addition to providing notice, the franchisee must first bring the claim to Best Brains' CEO and exhaust the internal dispute resolution procedure before involving a third party. The franchisee also agrees to try to mediate the claim for 60 days before bringing any claim against Best Brains in court.