In Wisconsin, if there are inconsistencies between the Best Brains Franchise Agreement and the Wisconsin Fair Dealership Law, which terms prevail?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
WISCONSIN 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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- If the Franchise Agreement contains any provision that conflict with the Wisconsin Fair Dealership Law, the provisions of this Addendum shall prevail to the extent of such conflict.
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- The Franchise Agreement is amended to also include the following language:
With respect to franchises governed by Wisconsin law, the Wisconsin Fair Dealership Law applies to most, if not all, franchise agreements and prohibits the termination, cancellation, non-renewal or the substantial change of the competitive circumstances of a dealership agreement without good cause. That Law further provides that 90 days prior written notice of a proposed termination, etc. must be given to the dealer. The dealer has 60 days to cure the deficiency and if the deficiency is cured, the notice is void.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the Wisconsin Addendum to the Franchise Agreement addresses potential conflicts with the Wisconsin Fair Dealership Law. If any terms within the Franchise Agreement are inconsistent with the terms outlined in the addendum, the terms of the Wisconsin Addendum will take precedence to the extent of the conflict. This ensures that Best Brains franchisees in Wisconsin are protected by the state's dealership laws.
Specifically, the addendum states that the Wisconsin Fair Dealership Law applies to most franchise agreements in the state. This law protects dealers from termination, cancellation, non-renewal, or substantial changes to their competitive circumstances without good cause. Furthermore, it mandates that Best Brains provide a 90-day prior written notice for any proposed termination, allowing the franchisee 60 days to address and cure any identified deficiencies. If the franchisee successfully cures the deficiency within this timeframe, the termination notice becomes void.
This provision is crucial for prospective Best Brains franchisees in Wisconsin as it provides a legal framework that protects their investment and business operations. It ensures that Best Brains must adhere to the standards set by Wisconsin law, offering franchisees a degree of security against arbitrary or unfair practices. Franchisees should carefully review the Wisconsin Addendum in conjunction with the Franchise Agreement to fully understand their rights and obligations under Wisconsin law.