Can a Body Brain Center franchisee use the Marks in a modified form?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
from this Agreement; and (iii) your right to use the Intellectual Property is limited to a license granted by us to operate your Center during the Term pursuant to, and only in compliance with, this Agreement, the Manual, and all applicable standards, specifications and operating procedures that we prescribe from time to time. You may not use any of the Intellectual Property in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized by us. Any unauthorized use of the Intellectual Property constitutes an infringement of our rights. You agree to comply with all provisions of the Manual governing your use of the Intellectual Property. This Agreement does not confer to you any goodwill, title or interest in any of the Intellectual Property.
- 17.2 Data and Customer Accounts.
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 not allowed to use the Intellectual Property, including the Marks, in any way that is not expressly authorized by Body Brain Center. The franchisee's right to use the Intellectual Property is limited to the license granted to them to operate their center during the term of the agreement, and only in compliance with the agreement, the manual, and all applicable standards and operating procedures prescribed by Body Brain Center. Any unauthorized use of the Intellectual Property constitutes an infringement of Body Brain Center's rights.
Body Brain Center retains the right to modify the Intellectual Property at any time, including changing the Marks. If Body Brain Center modifies or discontinues the use of any Intellectual Property, franchisees must comply with these instructions within 30 days at their own cost. The agreement does not transfer any goodwill, title, or interest in any of the Intellectual Property to the franchisee.
This means a Body Brain Center franchisee must adhere strictly to the approved usage of the brand's Marks and cannot alter them in any way without express permission from the franchisor. This is a common practice in franchising to maintain brand consistency and protect the franchisor's intellectual property rights. A prospective franchisee should carefully review the operations manual and franchise agreement to fully understand the scope of permitted use and restrictions on modifying the Marks.