What is the consequence of failing to comply with Section 5 of the Body Brain Center agreement?

According to the 2025 Body & Brain Center Franchise Disclosure Document, failure to comply with the terms of the agreement, specifically Section 5, will cause substantial and irreparable damage to Body & Brain Center and/or other Body & Brain Center franchisees for which there is no adequate remedy at law.

Section 5 of the Body & Brain Center agreement outlines the terms for unfair competition after the relationship ends. As a franchisee, you agree not to unfairly compete with Body & Brain Center while employed, acting as a director, officer, member, partner, or independent contractor by engaging in any prohibited activities.

Furthermore, even after the relationship concludes, you are prohibited from unfair competition during the restricted period by engaging in prohibited activities within a 15-mile radius of your Body & Brain Center. If you do engage in these prohibited activities, the restricted period will be extended by the duration of the prohibited activity. This section also addresses the disclosure of know-how to immediate family members, acknowledging the difficulty in proving such disclosures. Therefore, if a family member engages in prohibited activities or uses the know-how, it is presumed that the franchisee violated the agreement, although this presumption can be rebutted with evidence.