According to the agreement, can I solicit employees of the Brain Balance company?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
any Non-Curable Default or Event | | | | | | | of Default set forth | in Section | 17.01 | or 17.02, or in the | event of a threatened | breach by | ACH commission settlement is available for most bank accounts in the United States, Australia, Canada, Europe, Mexico, and New Zealand.
BB Franchising LLC, 1320 North Route 59, Unit 116, Naperville, IL 60563
EXHIBIT 3 CONFIDENTIALITY, NON-SOLICITATION, AND NON-COMPETE AGREEMENT
CONFIDENTIALITY, NON-SOLICITATION and NON-COMPETE AGREEMENT
I understand that BB Franchising LLC ("BBF") and _____________ (collectively called "the Company") have developed certain confidential and proprietary information and trade secrets, as described below, in the operation of their business, and have developed clients, patronage and goodwill of many clients. I acknowledge the Company's need to protect its confidential and proprietary information from disclosure and to protect its interests in such information and the Company's clients, their patronage and goodwill.
IN CONSIDERATION OF MY ASSOCIATION WITH THE COMPANY, I HEREBY AGREE AS FOLLOWS:
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, Exhibit 3 outlines a Confidentiality, Non-Solicitation, and Non-Compete Agreement. This agreement indicates that as a franchisee, your association with the company means you acknowledge that BB Franchising LLC has developed confidential and proprietary information.
The agreement specifies that during your involvement with Brain Balance, and even after your association ends (either voluntarily or for cause), you are prohibited from using, disclosing, copying, or retaining any confidential or proprietary information. This includes ideas, methods, protocols, procedures, techniques, written material, and other know-how developed during your engagement. You must also surrender all such confidential and proprietary material upon termination of your employment, except for authorized work performed for the company.
While this excerpt from Exhibit 3 focuses on confidentiality and proprietary information, it does not explicitly address whether you are prohibited from soliciting employees of the Brain Balance company. To fully understand the restrictions on soliciting employees, a prospective franchisee should carefully review the complete Confidentiality, Non-Solicitation, and Non-Compete Agreement within the Franchise Disclosure Document and seek clarification from the franchisor on this specific point.