What is the deadline for notifying Best Brains of a violation or breach before commencing an action for a 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, a franchisee must notify Best Brains within thirty (30) days after the occurrence of the violation or breach before starting a claim against them. Failing to provide this notice within the specified timeframe will prevent any claim for damages.
This requirement acts as a condition that must be met before a franchisee can take legal action. It allows Best Brains an opportunity to address the issue, potentially resolve it amicably, and avoid costly litigation. This type of clause is relatively common in franchise agreements, as it promotes communication and attempts at resolution before escalating disputes to the legal system.
In addition to providing notice, the franchisee must first bring any claim to Best Brains' CEO after providing the initial notice. The franchisee must exhaust this internal dispute resolution procedure before bringing their claim before a third party. Before bringing any claim against Best Brains in court, the franchisee agrees to try for a period of 60 days to mediate such claim before a mutually agreed to mediator in the city or county where Best Brains' headquarters are located. If Best Brains and the franchisee cannot mutually agree on a mediator, they agree to use the mediation services of the American Arbitration Association and split any AAA and mediator fees equally.