Who must approve the form, content, and media of a Brain Balance franchisee's local advertising?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
ietary 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. (a) FRANCHISEE's proposed Center location, relocation, center layout, office equipment, all printed matter used in the operation of the Franchised Business, including without limitation, assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials, and the manner in which any and of these will be used are subject to the prior written consent of COMPANY and must comply with the Operations Manual.
- (b) All advertising and promotional matter, whether printed or digital material, including without limitation, Internet, and other electronic media advertisements, transcripts of all radio and television advertisements, and the manner in which any of these will be used are subject to the prior written consent of COMPANY prior to use and shall be submitted to COMPANY for written approval prior to use. If COMPANY does not approve the activities, materials, media, or use in writing within ten (10) days, the activity, material, media, and use will be deemed disapproved. Likewise, all marketing vendors or service providers for FRANCHISEE must be approved in writing by COMPANY prior to being retained by FRANCHISEE.
- (c) FRANCHISEE may conduct individual email communications without first obtaining company's written approval, but the contents of such communications must comply with requirements and restrictions contained in the Operations Manual. In addition, FRANCHISEE must obtain company's prior written approval for any and all email addresses other than the email address assigned to FRANCHISEE by company.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, the franchisor, COMPANY, must give prior written consent for all advertising and promotional materials. This includes printed or digital material, internet and other electronic media advertisements, and transcripts of radio and television advertisements. Franchisees are required to submit these materials to Brain Balance for written approval before use. If Brain Balance does not provide written approval or disapproval within ten days, the advertising is considered disapproved.
This requirement ensures that all advertising aligns with Brain Balance's brand standards and marketing strategies. It also allows Brain Balance to maintain consistency in messaging and protect its trademarks. Franchisees must also adhere to Brain Balance's written instructions regarding the appearance of the Brain Balance trademarks in any form of advertising.
In addition to advertising materials, Brain Balance must also approve the franchisee's proposed center location, relocation, center layout, office equipment, and all printed matter used in the operation of the franchised business. This includes assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials.
Brain Balance also controls the System Website, including the content and materials related to the franchisee's center. Franchisees must provide accurate and non-misleading information for the website and cannot maintain an independent website. However, franchisees can maintain an independent social media presence on platforms like Facebook, Instagram, and Twitter.