What rights does Body Brain Center have to enter the premises to protect its franchise system and trademarks?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any: (i) apparent infringement of any of our Intellectual Property; (ii) challenge to your use of any of our Intellectual Property; or (iii) claim by any person of any rights in any of our Intellectual Property.
You may not communicate with any person other than us and our counsel in connection with any such infringement, challenge or claim.
We will have sole discretion to take such action as we deem appropriate.
We have the right to exclusively control any litigation, Patent and Trademark Office proceeding, or other proceeding arising out of any such infringement, challenge or claim.
You agree to execute any and all instruments and documents, render such assistance, and do such acts and things as may, in the opinion of our counsel, be necessary or advisable to protect and maintain our interest in any such litigation, Patent and Trademark Office proceeding or other proceeding, or to otherwise protect and maintain our interest in the Intellectual Property.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
Based on the 2025 Body Brain Center Franchise Disclosure Document, franchisees must notify Body Brain Center immediately of any apparent infringement of their intellectual property, any challenges to the franchisee's use of their intellectual property, or any claims by any person of any rights in their intellectual property. The franchisee cannot communicate with anyone other than Body Brain Center and its counsel regarding any infringement, challenge, or claim. Body Brain Center has sole discretion to take action they deem appropriate and has the right to exclusively control any litigation, Patent and Trademark Office proceeding, or other proceeding arising out of any infringement, challenge, or claim.
The franchisee must execute any and all instruments and documents, render assistance, and do such acts as may be necessary to protect and maintain Body Brain Center's interest in any litigation, Patent and Trademark Office proceeding, or other proceeding, or to otherwise protect and maintain their interest in the intellectual property.
This means that Body Brain Center retains significant control over the protection of its brand and intellectual property. Franchisees are obligated to assist Body Brain Center in these efforts, but do not have independent authority to act on their own to protect the brand. This arrangement ensures a consistent and centralized approach to brand protection across all franchise locations.