Is the Software Service Agreement for a Body Brain Center attached as an exhibit to the Disclosure Document?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
I have received the Body & Brain Franchise Disclosure Document for the State of Illinois that included the following Exhibits:
EXHIBIT "A" State Agencies and Administrators
EXHIBIT "B" Agent for Service of Process
EXHIBIT "C" Franchise Agreement
EXHIBIT "D" Training Agreement
EXHIBIT "E" General Release
EXHIBIT "F" Referral Agreement
EXHIBIT "G" Software Service Agreement
EXHIBIT "H" Table of Contents of the confidential Operating Manuals
EXHIBIT "I" State Addendum
EXHIBIT "J" List of Franchisees
Source: Item 22 — CONTRACTS (FDD pages 42–43)
What This Means (2025 FDD)
According to the 2025 Body Brain Center Franchise Disclosure Document, the Software Service Agreement is included as an exhibit. Specifically, Exhibit "G" to the disclosure document is the Software Service Agreement. This agreement outlines the terms and conditions under which Body Brain Center franchisees can use the software provided by Body & Brain Yoga and Health Centers, Inc. for accounting and customer management.
As a Body Brain Center franchisee, understanding the Software Service Agreement is crucial because it dictates how you interact with the software system. The agreement covers aspects such as the term and termination conditions, with an initial term of 1 month that automatically extends unless either party provides a 30-day written notice of termination. It also specifies the obligations of the provider, including maintaining and updating the software.
Furthermore, the agreement addresses important issues like data ownership and confidentiality. While the Client (franchisee) can use the Client Data during the term of the Body & Brain Franchise Agreement, Body and Brain Center, LLC owns the data. The agreement also restricts franchisees from making changes to the software, creating derivative works, or sharing access with third parties without prior written approval. This ensures that the software's integrity and security are maintained across all Body Brain Center locations.
Confidentiality is another key aspect, as the agreement defines what constitutes Confidential Information, including marketing strategies, financial data, technology, and customer lists. Franchisees must protect this information to maintain the competitive advantage and proprietary nature of the Body Brain Center system. By including the Software Service Agreement as an exhibit, Body Brain Center ensures that prospective franchisees are fully informed about their rights and responsibilities regarding the software system before entering into a franchise agreement.