Can a Body Brain Center franchisee sell to someone who is a member of another Body Brain Center without consent?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
through any other channel of distribution (other than through a website). You cannot solicit, or sell products or services to, any person who is a current member of or has a customer agreement with another franchisee or company-owned Body & Brain business without the consent of the owner(s) of the business with whom the person is a member or customer. There are no other restrictions on your right to solicit customers, whether from inside or outside of your territory.
Minimum Performance Requirements
Your territorial protections do not depend on achieving a certain sales volume, market penetration, or other contingency.
Additional Territories
You are not granted any options, rights of first refusal or similar rights to acquire additional territories or franchises.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 34)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, a franchisee cannot solicit or sell products or services to any person who is a current member of or has a customer agreement with another franchisee or company-owned Body & Brain business without the consent of the owner(s) of the business with whom the person is a member or customer. This restriction applies to all Body & Brain Center franchisees.
This means that as a Body Brain Center franchisee, you are prohibited from actively pursuing or completing sales to individuals who are already members or customers of another Body & Brain Center franchise or a company-owned location, unless you obtain explicit consent from the owner of that specific location. This policy is in place to protect the customer base of each Body & Brain Center and prevent franchisees from unfairly competing with one another.
This restriction is further reinforced by the clause regarding unfair competition during the term of the franchise agreement, which explicitly prohibits selling Body & Brain products or services to members of other Body & Brain businesses without consent. This measure aims to maintain a cooperative network among franchisees and ensure that each Body & Brain Center can thrive within its designated customer base. This also applies to unfair competition after the term.