What does Attachment E to the Body Brain Center Franchise Agreement pertain to?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
ATTACHMENT "E"
TO BODY & BRAIN FRANCHISE AGREEMENT
BRAND PROTECTION AGREEMENT
[See Attached]
BRAND PROTECTION AGREEMENT
This Agreement (this "Agreement") is entered into by the undersigned ("you") in favor of Body and Brain Center, LLC, an Arizona limited liability company, and its successors and assigns ("us"), upon the terms and conditions set forth in this Agreement.
1. Definitions. For purposes of this Agreement, the following terms have the meanings given to them below:
"Competitive Business" means any business competitive with us (or competitive with any of our affiliates or our franchisees) that provides brain based education, Yoga, Taichi or Qi-Gong.
"Copyrights" means all works and materials for which we or our affiliate have secured common law or registered copyright protection and that we allow Body & Brain franchisees to use, sell or display in connection with the marketing and operation of a Body & Brain Center, whether now in existence or created in the future.
"Franchisee" means the Body & Brain franchisee for whom you are an employee, director, officer, member, partner or independent contractor.
"Improvements" means any additions, modifications or improvements to (i) the goods or services offered by a Body & Brain business; (ii) the method of operation of a Body & Brain Center; or (iii) any marketing or promotional ideas relating to a Body & Brain Center, whether developed by you, Franchisee or any other person.
"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Know-how, Improvements and System.
"Know-how" means all of our and our affiliates' trade secrets and other proprietary information relating to the development or operation of a Body & Brain Center, including, but not limited to, methods, techniques, specifications, procedures, marketing strategies and information comprising the System and the Manual.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to the 2025 Body Brain Center Franchise Disclosure Document, Attachment E to the franchise agreement is the Brand Protection Agreement. This agreement is made between the individual and Body and Brain Center, LLC, covering the terms and conditions outlined within it.
The Brand Protection Agreement defines key terms such as 'Competitive Business,' which includes any business that competes with Body Brain Center by offering brain-based education, Yoga, Taichi, or Qi-Gong. It also defines 'Copyrights' as all works and materials for which Body Brain Center or its affiliates have secured copyright protection, allowing franchisees to use, sell, or display them in connection with their Body & Brain Center's marketing and operations. 'Intellectual Property' is defined as the Marks, Copyrights, Know-how, Improvements and System of Body & Brain Center.
This agreement also covers 'Know-how,' referring to trade secrets and proprietary information related to operating a Body Brain Center, including methods, techniques, specifications, procedures, marketing strategies, and information comprising the System and the Manual. The agreement aims to protect Body Brain Center's brand and intellectual property by setting clear definitions and expectations for franchisees and related parties.
Prospective franchisees should carefully review Attachment E to fully understand their obligations regarding brand protection, intellectual property, and competitive activities. This will help ensure compliance and avoid potential disputes with Body Brain Center.