If Body Brain Center changes the required trademarks, who bears the expense of compliance?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
logotypes used to identify your Business or the products or services that you sell. We may change the trademarks you must use from time to time (including by discontinuing use of the Marks listed in this Item 13) and you must comply with any such change at your expense.
You must follow our rules when using the Marks. You cannot use our name or mark as part of a corporate name or with modifying words, designs, or symbols unless you receive our prior written consent.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, franchisees are responsible for the expenses incurred when Body Brain Center changes the required trademarks. The document states that Body Brain Center may change the trademarks that franchisees are required to use, and franchisees must comply with any such change at their own expense. This includes discontinuing the use of existing marks.
However, there is an exception to this rule. If Body Brain Center is required to modify or discontinue the use of a mark due to litigation, Body Brain Center will reimburse the franchisee for tangible costs of compliance. These tangible costs include things like changing brochures and business cards.
This means that, in most cases, franchisees should be prepared to cover the costs associated with updating signage, marketing materials, and other branded items if Body Brain Center decides to change its trademarks. Franchisees should factor in these potential costs when evaluating the financial viability of a Body Brain Center franchise.