To whom at Best Brains must I first bring any 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 any legal action against Best Brains for a claim, a franchisee must first notify Best Brains within thirty days of the violation or breach. Failure to provide this notice will prevent any claim for damages.
Following this initial notification, the franchisee is required to bring the claim to the CEO of Best Brains. This step is part of an internal dispute resolution procedure that must be exhausted before the franchisee can pursue the claim with a third party, such as in court or arbitration.
After the internal dispute resolution, the franchisee is then obligated to attempt mediation for 60 days with a mutually agreed-upon mediator, located in the city or county where Best Brains' headquarters is 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. This multi-step process highlights Best Brains' emphasis on resolving disputes internally before resorting to external legal proceedings.