What aspects of the Brain Balance center are subject to the prior written consent of the company?
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, several aspects of the franchised business require the company's prior written consent. These include the franchisee's proposed center location, any relocation of the center, the center's layout, and all office equipment used. Furthermore, all printed materials used in the Brain Balance center's operation, such as assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials, along with the manner of their use, are subject to Brain Balance's approval.
In addition to the physical and operational elements, all advertising and promotional materials, whether printed or digital, including internet and other electronic media advertisements, as well as transcripts of radio and television advertisements, also require Brain Balance's prior written consent. The company must approve these materials before they are used. Moreover, all marketing vendors or service providers that the franchisee intends to retain must be approved in writing by Brain Balance before being hired.
Beyond these stipulations, franchisees must obtain Brain Balance's prior written approval before opening their center and initiating the Brain Balance Program with any student, with the exception of initial assessments. Franchisees also need approval for all email addresses they use, other than the one assigned by the company. Finally, franchisees need the company's consent to employ workers in key positions specified in the Operations Manual on an independent contractor basis.
These consent requirements reflect Brain Balance's interest in maintaining brand consistency and quality control across all franchise locations. Franchisees should be aware of these requirements and factor in the time needed to obtain approvals when planning their center's operations and marketing activities. Failing to obtain the necessary approvals could result in a breach of the franchise agreement.