If a Best Brains franchise is partly operated in Washington, does the Washington Addendum apply?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements regardless of anything to the contrary contained therein. This Addendum applies if: (a) the offer to sell a franchise is accepted in Washington; (b) the purchaser of the franchise is a resident of Washington; and/or (c) the franchised business that is the subject of the sale is to be located or operated, wholly or partly, in Washington.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the Washington Addendum to the Franchise Agreement does apply if the franchised business is partly operated in Washington. The addendum is considered an integral part of the franchise agreement, modifying both the agreement and the Franchise Disclosure Document.
Specifically, the Washington Addendum is triggered under three conditions: if the offer to sell the franchise is accepted in Washington, if the purchaser of the franchise is a resident of Washington, or if the franchised business is to be located or operated, either wholly or partly, in Washington. Therefore, even partial operation in Washington necessitates the application of this addendum.
This addendum includes clauses addressing conflict of laws, franchisee bill of rights, the site of arbitration/mediation/litigation, and general releases, all tailored to comply with Washington state law. For a prospective Best Brains franchisee, this means that if they operate even a portion of their franchise in Washington, they gain certain protections and must adhere to specific legal stipulations outlined in the addendum, potentially impacting dispute resolution and the interpretation of the franchise agreement.