Does the Brand Protection Agreement outline specific obligations for Body Brain Center franchisees?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
ge_58_Picture_0.jpeg)
engages in any Prohibited Activities or uses or discloses the Know-how. However, the Owner may rebut this presumption by furnishing evidence conclusively showing that the Owner did not disclose the Knowhow to the family member.
- 14.6 Employees and Others Associated with You. You must ensure that all of your employees, officers, directors, partners, members, independent contractors and other persons associated with you or your Business who may have access to our Know-how sign and send us a Brand Protection Agreement before having access to our Know-how. You must use your best efforts to ensure that these individuals comply with the terms of the Brand Protection Agreements and you must immediately notify us of any breach that comes to your attention. You agree to reimburse us for all reasonable expenses that we incur in enforcing a Brand Protection Agreement, including reasonable attorneys' fees and court costs.
- 14.7 Covenants Reasonable. You and the Owners acknowledge and agree that: (i) the terms of this Agreement are reasonable both in time and in scope of geographic area; (ii) our use and enforcement of covenants similar to those described above with respect to other Body & Brain franchisees benefits you and the Owners in that it prevents others from unfairly competing with your Center; and (iii) you and the Owners have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. YOU AND THE OWNERS HEREBY WAIVE ANY RIGHT TO CHALLENGE THE TERMS OF THIS SECTION 14 AS BEING OVERLY BROAD, UNREASONABLE OR OTHERWISE UNENFORCEABLE.
- 14.8 Breach of Covenants.
Source: Item 22 — CONTRACTS (FDD pages 42–43)
What This Means (2025 FDD)
According to the 2025 Body & Brain Center Franchise Disclosure Document, the Brand Protection Agreement does outline specific obligations. All employees, officers, directors, partners, members, independent contractors, and other persons associated with the franchisee's business who may have access to Body & Brain Center's Know-how must sign and submit a Brand Protection Agreement before accessing the Know-how. The franchisee must make their best effort to ensure that these individuals comply with the terms of the Brand Protection Agreements and must immediately notify Body & Brain Center of any breach that comes to their attention. The franchisee also agrees to reimburse Body & Brain Center for all reasonable expenses incurred in enforcing a Brand Protection Agreement, including reasonable attorneys' fees and court costs.
Section 14.7 of the Franchise Agreement states that the franchisee and the owners acknowledge that the terms of the agreement are reasonable in both time and scope of geographic area. They also acknowledge that Body & Brain Center's use and enforcement of similar covenants with respect to other Body & Brain franchisees benefits them by preventing others from unfairly competing with their center. Furthermore, the franchisee and the owners confirm that they have sufficient resources, business experience, and opportunities to earn an adequate living while complying with the terms of the agreement. The franchisee and owners waive any right to challenge the terms of Section 14 as being overly broad, unreasonable, or otherwise unenforceable.
Section 14.8 states that the franchisee and the owners agree that failure to comply with the terms of Section 14 will cause substantial and irreparable damage to Body & Brain Center and/or other Body & Brain franchisees for which there is no adequate remedy at law. This highlights the importance Body & Brain Center places on protecting its brand and proprietary information and the potential legal and financial ramifications for franchisees who fail to comply with the Brand Protection Agreement.