What state's law governs the Best Brains franchise agreement?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
State Addenda to the Franchise Agreement. | | v. | Choice of forum | Section 10.B | Suits must be in Illinois (subject to applicable state law). | | w.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 32–34)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the franchise agreement, except for federal law, is governed by Illinois law, although this is subject to applicable state law. This means that in most situations, the laws of Illinois will be used to interpret and enforce the franchise agreement.
However, the FDD also indicates that this choice of law is "subject to state law." This means that if a state's franchise law requires that the franchise agreement be governed by that state's laws, then that state's law will take precedence over Illinois law. This is a fairly standard provision in franchise agreements, as many states have franchise-specific laws that are designed to protect franchisees.
Furthermore, any suits against Best Brains must be filed in Illinois, although this is also subject to applicable state law. This means that a franchisee may have to travel to Illinois to resolve legal disputes with the franchisor, unless the franchisee's state law requires otherwise. Prospective franchisees should consult with a legal professional to understand the implications of these provisions in their specific state.