Can prior agreements affect the Best Brains Option Agreement?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
r at law or in equity.
Each Obligor hereby waives trial by jury in any action or proceeding to which such Obligor and Holder may be parties, arising out of, in connection with or in any way pertaining to, this Note. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such action or proceeding, including claims against parties who are not parties to this Note. This waiver is knowingly, willingly and voluntarily made by each Obligor, and each Obligor hereby represents that no representations of fact or opinion have been made by any individual to induce this waiver of trial by jury and that each Obligor has been represented in the signing of this Note and in the making of this waiver by independent legal counsel, or has had the opportunity to be represented by independent legal counsel selected of its own free will, and that it has had the opportunity to discuss this waiver with its counsel.
The covenants, terms and conditions of this Note shall be binding upon the heirs, personal representatives, successors and assigns of each Obligor and shall inure to the benefit of Holder, its successors and assigns.
This Note shall be construed in all respects and enforced according to the laws of the State of Illinois.
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EXHIBIT D
OPTION AGREEMENT
This Option Agreement is entered into as of the Effective Date entered below between the below named Franchisee ("Franchisee") and Best Brains, Inc. ("Franchis
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
Based on the 2025 Best Brains Franchise Disclosure Document, the Option Agreement itself outlines the terms and conditions related to securing the right to explore an additional franchise territory. There is no mention within the provided documentation of prior agreements affecting the Best Brains Option Agreement. The document specifies that the Option Agreement is entered into by the franchisee and Best Brains, Inc., to allow the franchisee the right to explore acquiring an additional franchise territory for 90 days.
The Option Agreement states that in consideration of the mutual promises and undertakings, Best Brains grants the franchisee the right for 90 days to enter into a lease for a center location and to obtain a Franchise Agreement for a possible new franchise territory. The franchisee must pay a nonrefundable deposit of $2,500 for these rights, which will be applied to the initial franchise fee if a lease and new Franchise Agreement are secured within the 90-day period. If not, the $2,500 is retained by Best Brains as consideration for the rights granted under the Option Agreement.
While the FDD excerpts do not explicitly state that prior agreements can affect the Best Brains Option Agreement, it is important for a prospective franchisee to clarify with Best Brains whether any existing agreements or prior commitments could influence the terms, conditions, or enforceability of the Option Agreement. This due diligence will ensure a clear understanding of all obligations and rights before entering into the Option Agreement.