Does the Best Brains franchise agreement include a class action waiver?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- **D.
Class Action Waiver.** You agree that any Claims you may have against us, including our past and present employees and agents, shall be brought individually and you shall not join with claims of any other person or entity or bring, join or participate in a class action against us.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the franchise agreement includes a class action waiver. This means that franchisees agree to bring any claims they have against Best Brains individually and are prohibited from joining claims with other individuals or entities, or participating in a class action lawsuit against Best Brains.
This waiver has significant implications for prospective franchisees. It restricts their ability to collectively pursue legal action against Best Brains, potentially limiting their leverage in disputes. Individual legal action can be more expensive and time-consuming than participating in a class action, where costs and efforts are shared among multiple plaintiffs.
Furthermore, the Best Brains franchise agreement also includes a jury waiver and a punitive damages waiver. Franchisees waive their rights to a jury trial, agreeing to have claims tried by a judge, and also waive their rights to seek or recover punitive damages in any lawsuit, dispute, or claim. Additionally, any claims against Best Brains must be brought within one year of the occurrence of the facts giving rise to such claims, or they will be barred.
These provisions collectively limit the legal recourse available to Best Brains franchisees and may place them at a disadvantage in disputes with the franchisor. Prospective franchisees should carefully consider these waivers and seek legal advice to understand their implications before entering into the franchise agreement.