Are any representations or promises outside of the Best Brains disclosure document and franchise agreement enforceable?

According to Best Brains' 2025 Franchise Disclosure Document, the enforceability of representations or promises made outside of the disclosure document and franchise agreement is limited. The FDD indicates that only the terms within the Franchise Agreement are binding, subject to state law. This is reinforced by an integration/merger clause within the agreement.

This means that any verbal promises, assurances, or representations made by Best Brains representatives that are not explicitly written into the franchise agreement may not be legally binding. This is a common provision in franchise agreements designed to provide clarity and prevent disputes based on informal or undocumented claims.

For a prospective Best Brains franchisee, this highlights the importance of carefully reviewing the franchise agreement and ensuring that all material terms and conditions are included in the written contract. It would be prudent to seek legal counsel to review the agreement and clarify any ambiguities before signing. Any promises or representations made during the sales process should be documented and incorporated into the agreement to ensure they are enforceable. Franchisees should be aware that state laws may provide additional protections or have specific requirements regarding the enforceability of certain provisions.