Can I challenge the presumption that I disclosed Know-how to a family member regarding Body Brain Center?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
u or the noncompliant Owner, as applicable, engaged in the Prohibited Activity.
- 14.5 Immediate Family Members. The Owners acknowledge that they could circumvent the purpose of Section 14 by disclosing Know-how to an immediate family member (i.e., spouse, parent, sibling, child, or grandchild). The Owners also acknowledge that it would be difficult for us to prove whether the Owners disclosed the Know-how to family members. Therefore, each Owner agrees that he or she will be presumed to have violated the terms of Section 14 if any member of his or her immediate family
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.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, if a member of your immediate family engages in prohibited activities or uses or discloses the Body Brain Center's know-how, you will be presumed to have violated the terms of the agreement. However, you have the right to challenge or rebut this presumption.
To successfully challenge the presumption, you must furnish evidence that conclusively shows you did not disclose the know-how to the family member. This means you need to provide clear and convincing proof that you did not share any confidential information or training methods with your family member that led to their prohibited activities.
However, the document also states that you and the owners waive any right to challenge the terms of Section 14 as being overly broad, unreasonable, or otherwise unenforceable. It is important to consult with a legal professional to fully understand your rights and obligations under the franchise agreement and to determine the best course of action if such a situation arises.