To whom does the assignment of telephone numbers in the Brain Balance franchise agreement inure?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
FOR VALUE RECEIVED, the undersigned FRANCHISEE hereby irrevocably assigns the telephone listing and numbers stated below to FRANCHISOR, BB FRANCHISING LLC, upon the following terms and conditions:
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- This assignment is made pursuant to the terms of that certain Franchise Agreement of event date herewith (hereinafter called the "Agreement") between BB FRANCHISING LLC and FRANCHISEE.
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- FRANCHISEE shall retain the limited conditional right to use the telephone listing and numbers solely for the transaction and advertising of the Franchised Business (as defined in the "Agreement") while the Agreement remains in full force and effect, but upon expiration and termination of the Agreement for any reason whatsoever, the limited conditional right to use of the telephone listing and numbers by FRANCHISEE shall also expire and/or terminate.
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- The telephone listing and numbers subject to this assignment are:
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, the assignment of telephone numbers in the franchise agreement inures to the benefit of all parties who lawfully succeed to the rights or take the place of the franchisor, BB Franchising LLC. This means that if BB Franchising LLC is acquired or merged with another entity, the rights to the assigned telephone numbers would transfer to the new entity.
This assignment is part of an agreement where the franchisee irrevocably assigns their telephone listing and numbers to BB Franchising LLC. However, the franchisee retains a conditional right to use these numbers for their Brain Balance business as long as the Franchise Agreement is active. Upon expiration or termination of the agreement, the franchisee's right to use the numbers also terminates.
This assignment is freely transferable by BB Franchising LLC to any person or entity. This clause ensures that Brain Balance retains control over the telephone numbers associated with the franchise, which can be important for maintaining brand consistency and customer relationships, especially if a franchise location changes ownership or ceases operation. The franchisee needs to establish new numbers after the agreement ends.