Can a Body Brain Center franchisee solicit customers away from other franchisees?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.3 Nonsolicitation. For a period of two (2) years after you complete the training program, you may not, directly or indirectly, induce or attempt to induce: (i) any franchisee of ours to leave the Body & Brain system; or (ii) any customer of ours, any affiliate of ours or any other Body & Brain franchisee to transfer their business away from us, our affiliate or any other Body & Brain franchisee to you or any other person that is not then a Body & Brain franchisee.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, franchisees are restricted from soliciting customers away from the franchisor or other franchisees. Specifically, for a period of two years after completing the training program, a franchisee cannot directly or indirectly induce or attempt to induce any customer of Body Brain Center, its affiliates, or any other Body Brain Center franchisee to transfer their business to the franchisee or any other person not a Body Brain Center franchisee. This restriction is part of a broader Brand Protection Agreement designed to prevent unfair competition within the Body Brain Center system.
This non-solicitation clause is intended to protect the customer base of existing Body Brain Center locations and maintain the integrity of the franchise network. It prevents new franchisees from unfairly poaching customers from established locations, which could undermine the financial stability of those franchisees and damage the overall brand reputation. The two-year restriction period begins after the completion of the training program, meaning the franchisee is bound by this agreement even before their center opens.
For a prospective Body Brain Center franchisee, this means they must focus on attracting new customers to their location rather than trying to draw them away from other franchisees. Violating this agreement could result in legal action and potential financial penalties. The franchisee should be aware of the geographic locations of other Body & Brain Centers to ensure they do not inadvertently solicit customers from those areas.
It is important to note that this restriction applies not only to direct solicitation but also to indirect attempts to induce customers to switch their business. This could include targeted marketing campaigns or other strategies designed to attract customers from specific Body Brain Center locations. Franchisees should consult with Body Brain Center to ensure their marketing and business development efforts comply with the Brand Protection Agreement.