factual

Does Body Brain Center administer an advertising fund, and where can I find more information about it?

Body_Brain_Center Franchise · 2025 FDD

Answer from 2025 FDD Document

r prior approval.

Advertising Fund (Sections 9.1)

We have established and administer an advertising fund. We administer a single advertising fund for Body & Brain home-based franchisees and Body & Brain Center franchisees. The advertising fund will be used for local, regional or national marketing, advertising, sales promotion and promotional materials, public and consumer relations, publicity, website development,search engine optimization and any other programs that we deem necessary or appropriate. Currently, we intend to use the advertising fund to further develop the publicly accessible Body & Brain website to promote the brand and Body & Brain Centers and Body & Brain home-based franchises. The advertising fund may also be used to pay for the creation of marketing materials that our franchisees may use for local marketing purposes.

Advertising fund fees will be kept in a separate account and revenues received will be accounted for separately from our other funds and will not be used to defray any of our general operating expenses, except for such reasonable salaries, administrative costs and overhead as we may incur in activities reasonably related to the administration or direction of the advertising fund and its local, regional or national advertising programs (which may include, without limitation: conducting market research, preparing and conducting television, radio, magazine, billboard, Internet, newspaper, digital advertising and other media programs and activities and employing advertising agencies to assist therewith, collecting and accounting for contributions to the advertising fund, and paying for the preparation and distribution of marketing materials and financial accountings of the advertising fund). None of the advertising fund fees will be used for advertisements principally directed at selling additional franchises. All funds deposited into the advertising fund that are not used in the fiscal year in which they accrue will be utilized in the following fiscal year. Any surplus of funds in the advertising fund may be invested and we may lend money to the advertising fund if there is a deficit. During the fiscal year ended December 31, 2024, we spent the advertising fund fees in the following manner: 0% for production; 14% for media placement; 0% for administrative expenses; and 86% for other purposes.

You must pay us an advertising fund fee equal to 0.5% of your Program Sales (defined in Item 6). We will deposit into the advertising fund all: (i) advertising fund fees paid by you and other franchisees (unless we allocate the fees to an advertising cooperative); (ii) fines paid by you and other franchisees; and (iii) rebates or other payments we receive from suppliers based on franchisee purchases. Any company-owned Body & Brain Center or Body & Brain home-based business will contribute to the advertising fund on the same basis as our franchisees. However, if we modify the amount or timing of the contributions that must be

made to the advertising fund, any company-owned Body & Brain Center or Body & Brain home-based business that is established or acquired after the modification may contribute to the advertising fund utilizing the modified amount or timing. Except as stated in this paragraph, we have no obligation to expend our own funds or resources for any marketing activities in your area.

Our administration of the advertising fund isintended to maximize general public recognition and patronage of the Body & Brain System for the benefit of us and all Body & Brain franchisees and we will use our best efforts to apportion advertising to obtain the greatest benefit for all franchisees. We will direct and have complete control and discretion over all advertising programs, including the creative concepts, materials, endorsements and media used for the programs, and the placement and allocation of the programs. We anticipate that the advertising will primarily consist of Internet ads and brochures. We assume no direct or indirect liability or obligation to you with respect to the maintenance, direction or administration of the advertising fund. The advertising fund will not be a trust and we will have no fiduciary obligations with respect to our administration of the advertising fund. An unaudited financial accounting of the operations of the advertising fund will be prepared annually and made available to you upon request.

Local Advertising (Section 9.3 & 9.5)

We do not require that you spend any minimum amount on local advertising. We will provide you with standardized marketing plans and advertising, promotional and marketing materials. Alternatively, we may enter into relationships with approved or designated suppliers who will create advertising or marketing materials that must be purchased and utilized by Body & Brain franchisees. You will also have an opportunity to create advertising for your own use, provided we approve it in advance. You may not use any advertising materials that have not been approved by us. You must submit to us any advertising materials prepared by you and we will have 5 business days to review and either approve or reject the materials. If we fail to respond within the 5 day period, the materials are deemed approved. We may later disapprove of materials that we previously approved.

We have implemented an online payment program. Under the program, existing, new, or potential customers can purchase and pay for Introductory Class sessions (introductory one-on-one sessions), Trial Class sessions (introductory group class), Group Classes, and Private Classes at franchisees' centers through our website or a third-party website. By participating, you agree that: (i) we will list your Center on our website or a third-party website as a Body and Brain Center that is participating in the Online Payment Program;

Source: Item 11 — FRANCHISOR'S ASSISTANCE**, ADVERTISING, **COMPUTER SYSTEMS AND TRAINING (FDD pages 20–29)

What This Means (2025 FDD)

According to Body Brain Center's 2025 Franchise Disclosure Document, Body Brain Center has established and administers an advertising fund for both Body & Brain home-based franchisees and Body & Brain Center franchisees. This fund is used for various marketing and advertising efforts at the local, regional, or national level, including website development and promotional materials. More information about the advertising fund can be found in Section 9.1 of the FDD.

The advertising fund fees are kept in a separate account and are accounted for separately from Body Brain Center's other funds. These fees are not used for general operating expenses, except for reasonable salaries, administrative costs, and overhead related to the administration of the advertising fund. The FDD specifies that during the fiscal year ended December 31, 2024, the advertising fund spent 0% on production, 14% on media placement, 0% on administrative expenses, and 86% on other purposes.

Franchisees are required to pay an advertising fund fee equal to 0.5% of their Program Sales. All advertising fund fees paid by franchisees, fines, and rebates from suppliers are deposited into the advertising fund. Company-owned Body & Brain Centers or home-based businesses also contribute to the fund on the same basis as franchisees. Body Brain Center has complete control and discretion over all advertising programs and is not obligated to expend its own funds for marketing activities in the franchisee's area. An unaudited financial accounting of the advertising fund's operations is prepared annually and available to franchisees upon request.

In addition to the advertising fund, Body Brain Center may form advertising cooperatives for Body & Brain Centers within a particular region. If a franchisee's center is located in such a region, they must pay a cooperative advertising fee, which will not exceed 0.5% of Program Sales. Body Brain Center has the right to allocate advertising fund fees to these cooperatives and determine their geographic territories. Franchisees are also given standardized marketing plans and advertising materials, and they can create their own advertising with Body Brain Center's approval.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.