Does the Body Brain Center agreement specify who determines what constitutes 'reasonable wear and tear'?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
es without our prior written approval, which will not be unreasonably withheld. However, we will not be required to approve any proposed remodeling or alteration if the same would not conform to our then-current specifications, standards or image requirements. You agree to maintain your Center in good order and condition, reasonable wear and tear excepted, and make all necessary repairs, including replacements, renewals and alterations, at your sole expense, to comply wi
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to the 2025 Body Brain Center Franchise Disclosure Document, the franchisee is responsible for maintaining their center in good order, including repairs, replacements, and alterations, at their own expense. This maintenance is required to comply with Body Brain Center's standards and specifications, with an exception for 'reasonable wear and tear'.
The agreement does not explicitly define 'reasonable wear and tear' or specify who determines what constitutes it. However, Body Brain Center retains the right to set standards and specifications for the center's condition, and the franchisee must adhere to these. Any proposed remodeling or alterations by the franchisee are subject to Body Brain Center's approval to ensure they conform to the current standards and image requirements.
Because the agreement does not define 'reasonable wear and tear,' there is a risk of potential disputes between the franchisee and Body Brain Center regarding what maintenance and repairs are the franchisee's responsibility versus what is considered normal wear and tear. A prospective franchisee should seek clarification from Body Brain Center on how 'reasonable wear and tear' is defined and assessed in practice to avoid future disagreements.