Does the restriction on selling to members of other Body Brain Center locations apply to those with customer agreements?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
You cannot solicit, or sell products or services to, any person who is a current member of or has a customer agreement with another franchisee or company-owned Body & Brain business without the consent of the owner(s) of the business with whom the person is a member or customer.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 34)
What This Means (2025 FDD)
According to Body & Brain Center's 2025 Franchise Disclosure Document, franchisees are restricted from soliciting or selling to individuals who are current members of, or have customer agreements with, other Body & Brain businesses. This restriction applies to both franchisee-owned and company-owned locations. To engage with such individuals, a franchisee must first obtain consent from the owner(s) of the Body & Brain business where the person is a member or customer. This policy is also reiterated in Item 23 under the definition of "Prohibited Activities".
This restriction is designed to protect the customer base of existing Body & Brain Center locations and prevent franchisees from unfairly competing with one another. It ensures that franchisees respect the established relationships between other Body & Brain locations and their members or customers. Without this rule, franchisees might actively try to lure customers away from other locations, potentially harming the overall brand and the investments of other franchisees.
For a prospective Body & Brain Center franchisee, this means they need to be mindful of the existing customer base within the Body & Brain system. Before marketing or selling to individuals, they should verify whether those individuals are already members or have agreements with another location. If so, they must obtain consent before proceeding. This requirement adds an extra layer of due diligence to their sales and marketing efforts but helps maintain a cooperative environment within the franchise network.
This type of restriction is common in franchising to protect individual franchisee territories and prevent cannibalization within the same brand. It's important for franchisees to understand and adhere to these rules to avoid potential conflicts and maintain good standing with the franchisor and fellow franchisees. The Body & Brain Center franchise agreement clearly outlines these restrictions to ensure a fair and balanced competitive landscape among its franchisees.