What law governs the Best Brains Franchise Agreement in Illinois?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
ILLINOIS ADDENDUM TO THE FRANCHISE AGREEMENT
If any of the terms of the Franchise Agreement are inconsistent with the terms below, the terms below control.
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- Illinois law governs the Franchise Agreement.
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- In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, the Illinois Addendum to the Franchise Agreement states that Illinois law governs the Franchise Agreement. This means that the legal interpretations and enforcement of the agreement will be subject to Illinois state laws.
This is further reinforced in another section of the FDD, which states that the agreement is effective upon acceptance in Illinois by an authorized officer of Best Brains, Inc., and that Illinois law governs all claims related to the agreement or dealings between the parties. However, this is conditional, as laws regulating the sale of franchises or the franchisor-franchisee relationship only apply if the jurisdictional requirements of such laws are met independently of this clause.
For a prospective Best Brains franchisee in Illinois, this means that any legal disputes or interpretations of the franchise agreement will be handled under Illinois law. However, if the franchisee is not an Illinois resident or their franchise territory is not in Illinois, they agree to bring any claims solely in arbitration before the American Arbitration Association in the city or county where Best Brains' corporate headquarters are located.