Under what conditions can Body Brain Center terminate the SSA agreement?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SUMMARY | |
|---|---|---|
| d. Termination by you | Section 20.1 | You can terminate at any time prior to attending the initial training program by providing written notice. You may also terminate if we fail to cure a material default or if you and we mutually agree to terminate. |
| SSA: Section 1.2 | You can terminate only if BBYHC fails to cure a default or if you and BBYHC mutually agree to terminate. Either party can terminate upon 30 days’ notice but you are required by the Franchise Agreement to use the BRMNet software. | |
| e. Termination by us | Section 20.4 | We may not terminate without cause unless you and we |
| without cause | mutually agree to terminate. | |
| SSA: Section 1.1 & 1.2 | BBYHC may terminate upon 30 days’ prior notice. It may also terminate upon 10 days notice if you fail to cure a default. | |
| f. Termination by us | Section 20.2 & 20.3 | We can terminate only if you default. |
| with cause | ||
| SSA: Section 1.1 | BBYHC may terminate upon 30 days’ prior notice without cause. | |
| g. “Cause” defined - | Section 20.3 | You have 30 days to cure any default other than defaults |
| curable defaults | described below under “non-curable defaults.” | |
| SSA: Section 1.2 | All defaults have a 10 day cure period. |
Source: Item 17 — RENEWAL**, TERMINATION, TRANSFER, **AND DISPUTE RESOLUTION (FDD pages 34–38)
What This Means (2025 FDD)
According to the 2025 Body Brain Center Franchise Disclosure Document, the Software Service Agreement (SSA) has specific termination conditions. Body Brain Center can terminate the SSA with 30 days' prior notice without cause. Additionally, Body Brain Center can terminate the SSA with only 10 days' notice if the franchisee fails to cure a default. The SSA term is one month and automatically continues for subsequent one-month periods until either party decides to terminate the agreement.
This means that a Body Brain Center franchisee could have their software service agreement terminated relatively quickly, especially if they fail to address any defaults within the specified 10-day cure period. The franchisee is obligated to use the BRMNet software as part of the Franchise Agreement.
It is important to note that the SSA outlines that only the terms of the SSA and attachments to the Franchise Agreement are binding, subject to state law. Any promises or representations made outside of these documents may not be enforceable. The SSA also specifies that Arizona law governs the agreement, and any disputes will be mediated and then arbitrated in Arizona, except as otherwise disclosed in EXHIBIT "I" to the Disclosure Document.