If the Brain Balance Franchise Agreement or Disclosure Document contains a provision that is inconsistent with California Business and Professions Code Sections 20000 through 20043, which governs?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
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- California Business and Professions Code Sections 20000 through 20043 provide rights to the Franchisee concerning termination or non-renewal of a franchise. If the Franchise Agreement or Disclosure Document contains a provision that is inconsistent with the law, the law will control.
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, specifically the California Addendum, California Business and Professions Code Sections 20000 through 20043 provide rights to the franchisee concerning the termination or non-renewal of a franchise. If there is any inconsistency between these sections of the California code and a provision within the Brain Balance Franchise Agreement or Disclosure Document, the California law will take precedence.
This means that certain terms in the franchise agreement that might otherwise govern the relationship between Brain Balance and the franchisee are superseded by California law. This is particularly relevant to the termination or non-renewal of the franchise agreement, ensuring that Brain Balance franchisees in California have the rights and protections afforded to them under state law.
For a prospective Brain Balance franchisee in California, this addendum offers a level of protection. It clarifies that the franchisee's rights under California law cannot be overridden by the standard terms of the franchise agreement. It is advisable that prospective franchisees carefully review both the franchise agreement and the California Business and Professions Code Sections 20000 through 20043 with legal counsel to fully understand their rights and obligations.