Does the Body Brain Center franchise agreement supersede prior agreements?

According to the 2025 Body Brain Center Franchise Disclosure Document, the franchise agreement, once signed, supersedes the terms of the agreement made prior to signing the franchise agreement, specifically regarding intellectual property. If a prospective franchisee attends the training program before signing the franchise agreement, they are subject to certain covenants to protect Body Brain Center's intellectual property. These covenants remain in effect even if the franchisee does not ultimately sign the Franchise Agreement or complete the training program.

However, once the Franchise Agreement is signed during the Franchise Evaluation Period, the terms of the Franchise Agreement take precedence. This means that the franchisee is then governed by the clauses and conditions outlined in the Franchise Agreement, rather than the preliminary agreement related to intellectual property protection during the training period.

This is a fairly standard practice in franchising, where a preliminary agreement outlines the obligations of both parties during the pre-opening phase, and the final franchise agreement governs the ongoing relationship and operations of the franchise unit. It is important for prospective Body Brain Center franchisees to understand the terms of both agreements and how they apply at different stages of the franchising process.