What administrative functions does the Software/Application perform for a Brain Balance center?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
d to the Brain Balance systems, programs, and operations.
Application License Agreement
You must license the Software/Application required for your Center by executing the Application License Agreement attached as Exhibit 1 to Exhibit A (Franchise Agreement) and as Exhibit 1 to Exhibit B (Satellite Franchise Agreement) when you execute your Franchise Agreement. The Application performs administrative functions for your Center, including collection of data relating to your customers and transmission of the data to our research facility affiliate.
The Application License Agreement requires payment to us of an initial license fee and annual maintenance fees and its term is for the term of the Franchise Agreement. The Application License Agreement entitles you to multiple users at your Center. Presently, the Software and Applications are being developed exclusively for BBF, but if we change the operating system and contract with a third-party software vendor, you may be required to pay the software vendor directly for multiple users. We will provide support and maintenance of the proprietary Software/Application only, and you will be responsible for maintenance of your own hardware and communication software. (See Items 5 and 6 for the cost of the annual Software Maintenance fees.) We will also provide necessary upgrades to the Software/Applications on an ongoing basis, and, if any upgrade is provided to you, you must implement it. The upgrades will
be provided at no additional cost to you (Application License Agreement §1(a) A). 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)).
To ensure secure and consistent communication, all franchisees are required to use Brain Balance's email system. Each Center will be assigned a primary email address along with two (2) additional accounts, one of which will be designated for the Center owner to receive sensitive communications.
Manuals
Before you open your Brain Balance® Center, the Franchisor will make the Operations Manual, the training manual, and form templates available to you via download. The Franchisor will provide you with any modifications, additions, and deletions to the Operations Manual as it determines in its sole discretion (Franchise Agreement 9.02(f)). BBF reserves the right to amend or modify the Operations Manual from time to time, at our sole discretion, and you agree to abide by all such revisions at your own expense.
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, the Software/Application that franchisees must license performs administrative functions for their centers. These functions include collecting data relating to customers and transmitting that data to Brain Balance's research facility affiliate.
Brain Balance retains data ownership for everything related to its systems, programs, and operations. Franchisees are required to grant Brain Balance access to the Software/Application and its data, and must enable Brain Balance to communicate with the Software/Application to access and record the data. This includes purchasing, installing, and maintaining appropriate communication hardware and software.
Franchisees also use computers and tablets to record client data and for other recordkeeping and central functions. Information from all centers' computers is transmitted to a central application maintained by Brain Balance. Franchisees must install, maintain, and upgrade an Internet connection and a Brain Balance Center domain email account, using this email for all communication between the franchisee, staff, and Brain Balance. The Software Agreement specifies that franchisees use the most recent version of Google Chrome.
Brain Balance has the right to retrieve, poll, and use all data and information from a franchisee's computer system for any purpose, with the costs of retrieval borne by Brain Balance. This includes client information collected in a central location and transmitted to an approved research facility for coordination, analysis, and publication. Franchisees must keep their computer systems in good maintenance and repair, and promptly install 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 Brain Balance may direct.