What is the state specified in the Best Brains Franchise Agreement related to the location of the Franchised Business?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise or other agreement | Summary |
|---|---|---|
| performance may be required; and right of first refusal declined by us. (also see r below). | ||
| n. Franchisor’s right of first refusal to acquire franchisee’s business | Section 9.D | We can match any offer for your business, except broker’s fees are excluded. Cash may be substituted for any form of payment proposed. |
| o. Franchisor’s option to purchase franchisee’s business | Section 7.F | Option to purchase some or all equipment, supplies, inventory, advertising materials and any items with our logo, for cash at fair market value, exercisable up to 90 days after termination or expiration. If no agreement on fair market value, an appraiser appointed by us will decide. |
| p. Death or disability of franchisee | Section 9.E | You must assign franchise to an approved buyer within 5 months. All transfer provisions of Section 9 apply. |
| q. Non-competition covenants | Section 8.A | May not offer services similar to those |
| during the term of the | offered by a BEST BRAINS learning | |
| franchise | center. | |
| r. Non-competition covenants after the franchise is terminated or expires | Section 8.B. and 8.C | May not offer services similar to those offered by a BEST BRAINS learning center, or solicitation of past customers, for 2 years within 25 miles of your former learning center location or any other BEST BRAINS learning center. |
| s. Modification of the agreement | Sections 5.H. and 12.C | Modification by written agreement signed by you and us. The Operations Manual is subject to change. |
| t. Integration/merger clause | Section 12.C | Only the terms of the Franchise Agreement are binding (subject to state law). Any representations or promises outside of the disclosure document and franchise agreement may not be enforceable. |
| u. Dispute resolution by arbitration or mediation | Section 10.I; Schedule 5 | You must first mediate any claims against us before filing suit. Arbitration only applies to Illinois franchisees and if specified in State Addenda to the Franchise Agreement. |
| v. Choice of forum | Section 10.B | Suits must be in Illinois (subject to applicable state law). |
| w. Choice of law | Section 109.A | Except for federal law, Illinois law applies (subject to state law). |
Source: Item 12 — TERRITORY (FDD pages 28–29)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, Section 109.A of the Franchise Agreement specifies that Illinois law applies, except for federal law and subject to state law. This means that the agreement is generally governed by Illinois law, but any applicable federal laws will take precedence. Additionally, state laws may also supersede Illinois law in certain situations.
For a prospective Best Brains franchisee, this means that while Illinois law provides the primary legal framework for the franchise agreement, they must also be aware of and comply with any relevant federal and state laws that may apply to their specific location and business operations. This could include laws related to business licensing, employment, consumer protection, and other areas.
It is important for franchisees to consult with legal counsel to understand how these different layers of laws interact and how they specifically affect their rights and obligations under the Best Brains Franchise Agreement. Franchisees should pay close attention to any state-specific addenda or modifications to the agreement that may be required by their state of operation, as indicated in Exhibit A and Schedule 5 of the FDD.