What are the franchisee's obligations regarding the confidentiality of the Know-how of Body Brain Center?

According to the 2025 Body Brain Center Franchise Disclosure Document, the franchisee acknowledges that the Know-how is proprietary and a trade secret. The Know-how is disclosed to the franchisee solely on the condition that they agree to specific terms. These terms include that the franchisee will not use the Know-how in any business or capacity other than the operation of a Body & Brain Center, and they will maintain the confidentiality of the Know-how, not disclosing any of it to any person at any time. Additionally, the franchisee will not make unauthorized copies of any portion of the Know-how disclosed in written or electronic form and will adopt and implement all reasonable procedures required by Body Brain Center to prevent unauthorized use or disclosure of the Know-how.

This means a Body Brain Center franchisee must treat all information related to the operation of the franchise as confidential and proprietary. This includes methods, techniques, specifications, procedures, and marketing strategies. The franchisee cannot use this information for any purpose other than running their Body & Brain Center. They also cannot share this information with anyone, including potential competitors, and must take steps to protect the information from unauthorized access or use.

Furthermore, Body Brain Center requires franchisees to ensure that anyone associated with their business who may have access to the Know-how, such as employees or contractors, sign a Brand Protection Agreement before they are granted access. The franchisee must also use their best efforts to ensure these individuals comply with the terms of the Brand Protection Agreements and must immediately notify Body Brain Center of any breach that comes to their attention. The franchisee agrees to reimburse Body Brain Center for all reasonable expenses incurred in enforcing a Brand Protection Agreement, including reasonable attorneys' fees and court costs.

If a franchisee fails to comply with these confidentiality obligations, it could result in substantial and irreparable damage to Body Brain Center and its other franchisees. The franchisee acknowledges that there may be no adequate remedy at law for such a breach. Additionally, if any member of the franchisee's immediate family engages in prohibited activities or uses or discloses the Know-how, the franchisee will be presumed to have violated the terms of the agreement, although this presumption can be rebutted with conclusive evidence.