What access to the Software/Application and its data must a Brain Balance franchisee permit to the Franchisor?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
You must permit the Franchisor access to the Software/Application and its data and must perform the actions required to permit the Franchisor to communicate with the Software/Application and to access and record it and its data, including, for example, the purchase, installation, and maintenance of appropriate communication hardware and software (Franchise Agreement §15; Application License Agreement §2(a)).
We have the right at any time, to independently retrieve, poll, and use for any purpose all data and information from your computer system as we, in our sole discretion, deem necessary or desirable, with the costs of such retrieval to be borne by us. This will include client information that is collected by us in a central location and may be transmitted to an approved research facility, with which we have a cooperative data sharing arrangement, for coordination, analysis, and publication. There are no contractual limitations on our right to access the information and data. To ensure full operational efficiency and optimum communication capability among computer systems installed by you, us, and other franchisees, you must, at your own expense, keep the computer system in good maintenance and repair, and promptly install such upgrades, additions, changes, modifications, substitutions, and/or replacements to the computer hardware, software, networking/connectivity devices and configurations, telephone and power lines, and other computer-related facilities as we may direct. There is no contractual limitation on the frequency and cost of these obligations (Franchise Agreement Section 18).
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEM, AND TRAINING (FDD pages 36–47)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, franchisees must allow Brain Balance access to the Software/Application and its data. Franchisees must also perform the necessary actions to allow Brain Balance to communicate with the Software/Application and to access and record the software and its data. These actions include purchasing, installing, and maintaining appropriate communication hardware and software.
Brain Balance retains the right to data ownership for everything related to its systems, programs, and operations. The central application transmits information from all centers' computers, and Brain Balance can independently retrieve, poll, and use all data and information from the franchisee's computer system as it deems necessary. This includes client information collected in a central location, which may be transmitted to an approved research facility for coordination, analysis, and publication.
There are no contractual limitations on Brain Balance's right to access the information and data. Franchisees are responsible for keeping their computer systems in good maintenance and repair and promptly installing any upgrades, additions, changes, modifications, substitutions, and/or replacements to the computer hardware, software, networking/connectivity devices and configurations, telephone and power lines, and other computer-related facilities as directed by Brain Balance. The FDD indicates that there is no contractual limitation on the frequency and cost of these obligations.