Does the Brain Balance agreement prohibit the use of confidential information after termination?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
Balance®," or "Brain Balance Program®," or any of the Marks in connection with any purpose or service other than the operation of a Brain Balance® Center to the extent specifically permitted hereunder.
- 10.17. (a) All permanent staff of the Franchised Business shall execute Exhibit 3, the Confidentiality, Non-Solicitation, and Non-Compete Agreement as provided in the Operations Manual. FRANCHISEE will take such action in connection therewith as may be required by COMPANY both during and upon termination of this Agreement in order to protect any trade secrets that are proprietary to COMPANY or any information, knowledge, or know-how deemed confidential under this Agreement.
- (b) FRANCHISEE or its principal must have satisfactorily completed the Initial Training Program.
- 10.18.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, the franchise agreement addresses the use of confidential information both during and after the termination of the agreement. Specifically, Brain Balance requires franchisees to ensure that all permanent staff of the Franchised Business execute a Confidentiality, Non-Solicitation, and Non-Compete Agreement.
Brain Balance mandates that the franchisee take necessary actions to protect trade secrets and confidential information, both during the term of the agreement and after termination. This includes any information, knowledge, or know-how deemed confidential under the agreement.
Upon termination of the Franchise Agreement, the franchisee must cease operating the Franchised Business and immediately stop using Brain Balance's names, marks, logos, and other trademarks. This extends to any similar names or logos, ensuring no continued association with the Brain Balance brand after the agreement ends.