Is Body Brain Center obligated to follow the suggestions made by the Advisory Council?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
Advisory Council (Section 11)
We may create an Advisory Council to provide us with suggestions to improve the System, including matters such as marketing, operations and new product or service suggestions. We would consider all suggestions from the advisory council in good faith, but we would not be bound by any such suggestions. The Advisory Council would be established and operated according to rules and regulations we periodically approve, including procedures governing the selection of representatives of the Advisory Council to communicate with us on matters raised by the Advisory Council. You would have the right to be a member of the Advisory Council as long as you are not in default under the Franchise Agreement and you do not act in a disruptive, abusive or counterproductive manner, as determined by us in our discretion. As a member, you would be entitled to all voting rights and privileges granted to other members of the Advisory Council. Any Body & Brain Center operated by us or our affiliates would also be a member of the Advisory Council. Each member would be granted one vote for each center that it owned and operated on all matters on which members would be authorized to vote. We would reserve the power to form, change or dissolve the Advisory Council in our discretion.
Source: Item 11 — FRANCHISOR'S ASSISTANCE**, ADVERTISING, **COMPUTER SYSTEMS AND TRAINING (FDD pages 20–29)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, while an Advisory Council may be created to provide suggestions to improve the Body Brain Center system, Body Brain Center is not required to act on any of the suggestions. The Advisory Council can make suggestions about marketing, operations, and new products or services. Body Brain Center states that it will consider all suggestions in good faith.
Franchisees have the right to be a member of the Advisory Council as long as they are not in default under the Franchise Agreement and do not act in a disruptive, abusive, or counterproductive manner, as determined by Body Brain Center. As a member, a franchisee would be entitled to all voting rights and privileges granted to other members of the Advisory Council. Any Body & Brain Center operated by Body Brain Center or its affiliates would also be a member of the Advisory Council. Each member would be granted one vote for each center that it owned and operated on all matters on which members would be authorized to vote.
Body Brain Center retains the power to form, change, or dissolve the Advisory Council at its discretion. This means that while franchisees can participate in the Advisory Council and offer suggestions, the franchisor ultimately decides whether or not to implement those suggestions and can alter or eliminate the council itself.