What access to the Software and its data is a Brain Balance franchisee required to permit to the Company?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
(b) COMPANY will provide FRANCHISEE with basic methods, assessment tools and tests to be used at the Standard Brain Balance Center location, protocols, and procedures for operating the Franchised Business and with customized software for operating the Brain Balance Program® and for capturing client statistical data for inclusion in the database.
(d) COMPANY will maintain a System Website and shall maintain information specific to FRANCHISEE's Franchised Business on that System Website. COMPANY may implement and periodically modify standards relating to the System Website and, at COMPANY's option, may change the System Website, or any services offered through the System Web site, at any time. COMPANY shall own all intellectual property related to all data that flows through the System Website.
(d) FRANCHISEE shall not maintain an independent website.
COMPANY shall include information about FRANCHISEE's Center on the System Web site, FRANCHISEE agrees to provide the information and materials that COMPANY periodically requests concerning FRANCHISEE's Center and otherwise participate in the System Web site in the manner that COMPANY periodically specifies.
By posting or submitting information or materials for the System Web site, FRANCHISEE is representing that the information and materials are accurate and not misleading and do not infringe upon any third party's rights.
COMPANY or one or more of our designees may establish a website or series of websites to advertise, market and promote Brain Balance® Centers, the Brain Balance Program® and associated products and services, to advertise franchise opportunities, to deliver Brain Balance Program® content and support, and/or for any other purposes that COMPANY determines are appropriate (collectively, the "System Web site").
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, Brain Balance captures client statistical data for inclusion in a database. The franchisor, Brain Balance, owns all intellectual property related to all data that flows through the System Website. Franchisees must provide information and materials that Brain Balance periodically requests concerning the franchisee's center and participate in the System Website in the manner that Brain Balance specifies. By posting or submitting information or materials for the System Website, the franchisee represents that the information and materials are accurate, not misleading, and do not infringe upon any third party's rights.
Brain Balance may establish a website or series of websites to advertise, market, and promote Brain Balance Centers, the Brain Balance Program, and associated products and services, to advertise franchise opportunities, to deliver Brain Balance Program content and support, and/or for any other purposes that Brain Balance determines are appropriate. The franchisee does not have the right to maintain an independent website.
In summary, Brain Balance franchisees are required to provide access to client data and information related to their center for use on the System Website, and Brain Balance retains ownership of all intellectual property related to this data. This allows Brain Balance to maintain a consistent brand image and control the marketing and content related to the Brain Balance program.