Does the Software Service Agreement outline specific obligations for Body Brain Center franchisees?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
g replacements, renewals and alterations, at your sole expense, to comply with our standards and specifications. You agree to comply with any maintenance, cleaning or facility upkeep schedule that we prescribe from time to time.
- 10.7 Software and Technology. You must utilize all software and technology that we specify. We may change the software or technology that you must use at any time. We may also develop proprietary software or technology that must be used by franchisees. If this occurs, you agree to enter into a license agreement with us (or an affiliate of ours) and pay us (or our affiliate) commercially reasonable licensing, support and maintenance fees. The terms of the license agreement will govern the terms pursuant to which
you may utilize this software or technology. We also reserve the right to enter into a master software or technology license agreement with a third party licensor and then sublicense the software or technology to you, in which case we may charge you for all amounts that we must pay to the licensor based on your use of the software or technology. All fees referenced in this Section are due as invoiced. Currently, we require that you utilize the web-based point of sale system, BRMNet, provided by Body & Brain Yoga and Health Centers, Inc. ("BBYHC").
Source: Item 22 — CONTRACTS (FDD pages 42–43)
What This Means (2025 FDD)
According to the 2025 Body & Brain Center FDD, franchisees are obligated to adhere to the Software Service Agreement required by Body & Brain Yoga and Health Centers, Inc. ("BBYHC"). Specifically, franchisees must sign the Software Service Agreement and fulfill all obligations outlined within it, including the payment of monthly fees. This agreement governs the terms under which franchisees can utilize the specified software or technology.
Body & Brain Center also retains the right to enter into a master software or technology license agreement with a third-party licensor and subsequently sublicense the software or technology to the franchisee. In such cases, Body & Brain Center may charge the franchisee for all amounts that they must pay to the licensor based on the franchisee's usage of the software or technology. All fees related to software and technology are due as invoiced.
Currently, Body & Brain Center requires franchisees to use the web-based point of sale system, BRMNet, provided by BBYHC. This requirement ensures that all franchisees are using a standardized system for managing transactions and customer data, which helps maintain consistency and brand uniformity across all Body & Brain Center locations. The franchisee's compliance with the Software Service Agreement is essential for maintaining operational standards and utilizing the technology specified by Body & Brain Center.