What actions are prohibited for Body Brain Center franchisees regarding customers of other Body Brain Center franchises?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
You and your Owners agree not to unfairly compete with us during the Term by engaging in any of the following activities ("Prohibited Activities"): (i) owning, operating or having any other interest (as an owner, partner, director, officer, employee, manager, consultant, shareholder, creditor, representative or agent) in any Competitive Business, other than owning an interest of five percent (5%) or less in a publicly traded company that is a Competitive Business; (ii) diverting or attempting to divert any business from us (or one of our affiliates or franchisees); (iii) selling any Body & Brain products or services to any person who is a current member of or has a customer agreement with another franchisee or company-owned Body & Brain business without the consent of the owner(s) of the business with whom the person is a member or customer; or (iv) inducing any customer of ours (or of one of our affiliates or franchisees) to transfer their business to you or to any other person that is not then a franchisee of ours.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to the 2025 Body Brain Center Franchise Disclosure Document, franchisees are restricted from certain activities that could unfairly compete with Body Brain Center or its other franchisees. Specifically, during the term of the franchise agreement, a franchisee cannot sell Body & Brain products or services to individuals who are current members or have customer agreements with another Body Brain Center franchisee or a company-owned location, without obtaining consent from the owner of the respective business.
Additionally, Body Brain Center franchisees are prohibited from actively trying to persuade customers of Body Brain Center, its affiliates, or other Body Brain Center franchisees to move their business to the franchisee's location or to any other entity that is not a Body Brain Center franchisee. This restriction is in place to protect the existing customer base of the Body Brain Center network and prevent franchisees from poaching customers from each other.
These restrictions are considered "Prohibited Activities" under the franchise agreement and are designed to maintain fair competition and protect the integrity of the Body Brain Center brand. Violation of these terms could potentially lead to consequences outlined in the franchise agreement, emphasizing the importance of adhering to these guidelines for all Body Brain Center franchisees.