What ethical standards must Body Brain Center advertising and promotions conform to?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
Program Sales. All Online Payment Proceeds collected by us pertaining to your Center will be paid to you. We will notify you of all online payment transactions on our website pertaining to your Center in a timely manner.
10. OPERATING STANDARDS
10.1 Generally. You agree to operate your Center: (i) in a manner that will promote the goodwill of the Marks; and (ii) in full compliance with our standards and all other terms and conditions of this Agreement and the Manual.
- 10.2 Operating Manual. You agree to establish and operate your Business in accordance with the Manual. The Manual may contain, among other things: (i) a description of the authorized goods and services that you may offer at your Center; (ii) mandatory and suggested specifications, operating procedures, and quality standards for products, services and procedures that we prescribe from time to time for Body & Brain franchisees; (iii) mandatory reporting and insurance requirements; (iv) mandatory and suggested specifications for your Center; and (v) a written list of items (or specifications for items) you must purchase for your Center and a list of any designated or approved suppliers for these items. We can modify the Manual at any time. The modifications will become binding 30 days after we send you notice of the modification. All mandatory provisions contained in the Manual (whether they are included now or in the future) are binding on you.
- 10.3 Authorized Goods and Services. You agree to offer all services that we require from time to time in our commercially reasonable discretion. You may, but need not, offer the products that we authorize from time to time. You may not offer any other goods or services without our prior written permission. You may not use your Center or permit your Center to be used for any purpose other than providing the goods and services that we authorize. We may, without obligation to do so, add or delete authorized goods and services. Our discontinuance of one or more goods or services shall not constitute a termination of the franchise or this Agreement.
- 10.4 Suppliers and Purchasing. You agree to purchase or lease all products, supplies, equipment and other items specified in the Manual from time to time. If required by the Manual, you agree to purchase certain goods and services only from suppliers designated or approved by us (which may include us or our affiliates). If we receive rebates or other financial consideration from these suppliers based upon franchisee purchases, we will deposit these amounts into the advertising fund. If you want us to approve a supplier that you propose, you must send us a written notice specifying the supplier's name and qualifications and provide any additional information that we request. We will approve or reject your request within 60 days after we receive your notice and all additional information (and samples) that we require. We shall be deemed to have rejected your request if we fail to issue our approval within the 60-day period.
- 10.5 Equipment Maintenance and Changes. You agree to maintain all equipment used in connection with your Center in good condition and promptly replace or repair any equipment that is damaged, worn-out or obsolete. We may require that you change your equipment, which may require you to make additional investments.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to the 2025 Body Brain Center Franchise Disclosure Document, franchisees must operate their centers in a manner that promotes the goodwill of the Body Brain Center marks and in full compliance with the standards outlined in the franchise agreement and the operating manual. The operating manual, which Body Brain Center can modify at any time with changes becoming binding 30 days after notice, contains mandatory provisions that franchisees must adhere to.
Body Brain Center provides franchisees with a standardized marketing plan included in the manual, and may also create advertising and marketing materials at no additional charge, or through third-party suppliers. Franchisees are expected to engage in marketing activities that align with the brand's standards. Any improvements or additions to advertising or promotional ideas conceived by the franchisee must be disclosed to Body Brain Center and approved before use. These improvements, once approved, can be used by Body Brain Center and other franchisees without obligation to the originating franchisee, and all rights to such improvements must be assigned to Body Brain Center.
Franchisees must also notify Body Brain Center of any apparent infringement of their intellectual property, challenges to the use of their intellectual property, or claims by any person of rights in their intellectual property. Franchisees cannot communicate with anyone other than Body Brain Center and their counsel regarding such matters, as Body Brain Center retains sole discretion to take appropriate action and control any related litigation. This ensures that all advertising and promotional activities are conducted in a manner that protects Body Brain Center's brand and intellectual property rights.
In practical terms, this means a Body Brain Center franchisee needs to ensure all marketing and advertising efforts are pre-approved and align with the brand's established guidelines. They must also be vigilant in protecting the brand's intellectual property and promptly report any potential issues to Body Brain Center. Failure to comply with these standards could lead to a breach of the franchise agreement.