Does the Body Brain Center franchisee have any rights or privileges to the derivatives, modifications, and enhancements of the Software Service?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) make any change to the Software Service or create any derivative works thereof;
- (d) publish, sell, rent, lease, sublicense, transfer, transmit, resell, or distribute the Software Service or any part thereof; and
- (e) share the rights to access and/or utilize the Software Service with any third party without prior written approval of Provider.
Section 4.5. Ownership of Client Data. Data stored by Client on Provider's host computer system using the Software Service ("Client Data") is owned by Body and Brain Center, LLC but may be used by Client during the term of its Body & Brain Franchise Agreement unless a member transfers its membership or customer agreement to another location or franchisee, in which case Provider may transfer such Client Data pertaining to the member to such other location or franchisee and Client will have no further rights or access to such transferred Client Data.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to the 2025 Body Brain Center Franchise Disclosure Document, franchisees do not have rights or privileges to the derivatives, modifications, and enhancements of the Software Service. The agreement explicitly states that franchisees cannot make changes to the Software Service or create any derivative works. They are also prohibited from publishing, selling, renting, leasing, sublicensing, transferring, transmitting, reselling, or distributing the Software Service or any part of it. Furthermore, franchisees cannot share access or usage rights with any third party without the franchisor's prior written approval. This underscores that Body Brain Center retains full control over the Software Service and its modifications.
Body Brain Center maintains ownership of all intellectual property and data related to the services offered under the franchise. This includes the right to modify the intellectual property at any time, including changes to the marks, system, copyrights, or know-how. Franchisees must comply with any instructions from Body Brain Center regarding changes or discontinuation of any intellectual property within 30 days at their own cost.
If a franchisee develops any improvements or additions to the services, products, or methods of operation, these improvements must be promptly disclosed to Body Brain Center. The franchisor has the right to use any approved improvements without any obligation to pay royalties or fees to the franchisee. The franchisee must assign all rights to such improvements to Body Brain Center or its designees without charge. However, Body Brain Center will authorize the franchisee to use any improvements developed by the franchisor or other franchisees that are approved for general use in the Body Brain Center business. This clause ensures that Body Brain Center benefits from franchisee innovations while also allowing franchisees to utilize approved system-wide improvements.