What actions are Brain Balance franchisees prohibited from taking with the Software?

According to Brain Balance's 2025 Franchise Disclosure Document, Item 22 discusses the contracts and obligations of the franchisee, including restrictions related to the use of the Brain Balance software. While the document does not explicitly list prohibited actions regarding the software itself, it does state that a franchisee's breach of the Software Agreement terms and conditions can result in the termination of the franchise agreement. This implies that there are specific guidelines and restrictions within the Software Agreement that Brain Balance franchisees must adhere to.

Beyond the general statement regarding the Software Agreement, the FDD excerpts do not provide further details on specific prohibited actions related to the software. However, the FDD does outline other restrictions on franchisees, such as the requirement to obtain approval for advertising materials and email addresses, and the prohibition of maintaining an independent website. These restrictions suggest that Brain Balance maintains tight control over its brand and marketing efforts, which could extend to the use of its proprietary software.

Prospective Brain Balance franchisees should carefully review the Software Agreement to understand the specific limitations and obligations related to the software. It would be prudent to ask Brain Balance for a detailed explanation of what constitutes a breach of the Software Agreement and what actions are explicitly prohibited. Understanding these restrictions is crucial for ensuring compliance and avoiding potential termination of the franchise agreement.