What constitutes an infringement of Body Brain Center's Intellectual Property rights?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
to pay us $2,500 plus our actual cost of the audit or inspection, including without limitation, reasonable accounting and attorneys' fees and travel and lodging expenses that we or our representatives incur. The $2,500 fee and audit cost reimbursements will be due ten (10) days after invoicing.
17. INTELLECTUAL PROPERTY
- 17.1 Ownership and Use of Intellectual Property. You acknowledge that: (i) we are the sole and exclusive owner of the Intellectual Property and the goodwill associated with the Marks; (ii) your right to use the Intellectual Property is derived solely from this Agreement; and (iii) your right to use the Intellectual Property is limited to a license granted by us to operate your Center during the Term pursuant to, and only in compliance with, this Agreement, the Manual, and all applicable standards, specifications and operating procedures that we prescribe from time to time. You may not use any of the Intellectual Property in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized by us. Any unauthorized use of the Intellectual Property constitutes an infringement of our rights. You agree to comply with all provisions of the Manual governing your use of the Intellectual Property. This Agreement does not confer to you any goodwill, title or interest in any of the Intellectual Property.
- 17.2 Data and Customer Accounts. We will own all data pertaining to the services offered by you under your Business. We may utilize such data to evaluate and improve our services, protocols and processes or for any other purpose. We may provide or sell non-personally identifiable data to third parties in our discretion. We will also own all customer files, accounts and contracts, all of which shall be assigned to us (upon our request) following the expiration, termination or Transfer of this Agreement. In addition, you agree that if one of your members switches their membership or customer agreement to another Body & Brain franchisee or company-owned business, we may transfer the account and all data pertaining to that member to the Body & Brain franchisee or company-owned business to which the membership or customer agreement was transferred.
- 17.3 Changes to Intellectual Property.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, any unauthorized use of its intellectual property constitutes an infringement of their rights. The Intellectual Property includes Body & Brain Center's Marks, Copyrights, Know-how, Improvements and System. The franchisee's right to use the Intellectual Property is limited to the license granted to operate their center during the term of the agreement and in compliance with the agreement, the manual, and all applicable standards, specifications, and operating procedures.
Specifically, franchisees may not use any of Body Brain Center's Intellectual Property in connection with the sale of any unauthorized product or service or in any manner not expressly authorized by Body Brain Center. Franchisees must also comply with all provisions of the manual governing the use of the Intellectual Property. The franchise agreement does not confer any goodwill, title, or interest in any of the Intellectual Property to the franchisee.
In the event of any apparent infringement of Body Brain Center's Intellectual Property, the franchisee must immediately notify Body Brain Center. The franchisee is prohibited from communicating with any person other than Body Brain Center and its counsel regarding any infringement, challenge, or claim. Body Brain Center retains sole discretion to take action it deems appropriate and has the right to exclusively control any litigation, Patent and Trademark Office proceeding, or other proceeding arising out of any infringement, challenge, or claim. The franchisee must execute any documents and provide assistance necessary to protect Body Brain Center's interest in the Intellectual Property.