After my association with Brain Balance ends, for how long am I prohibited from rendering competing services?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
During the term of my association with the Company and for a period of one year after termination of my association with the Company either (i) voluntarily by me or (ii) for cause, I agree that I shall not directly or indirectly, whether as employee, owner, partner, stockholder, member, investor, agent or consultant, render competing services on my own behalf or on behalf of any person or entity other than the Company.
During the term of my association with the Company and for a period of one year after termination of my association with the Company either (i) voluntarily by me or (ii) for cause, I agree that I shall not directly or indirectly, whether as employee, owner, partner, stockholder, member, investor, agent or consultant, render competing services on my own behalf or on behalf of any person or entity other than the Company for twelve (12) months in any area within a thirty-five (35) mile radius of the Company's office located at
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, if your association with the company ends, either voluntarily or for cause, you are restricted from providing competing services. This restriction applies for one year following the termination of your association with Brain Balance. The restriction covers engaging directly or indirectly as an employee, owner, partner, stockholder, member, investor, agent, or consultant on behalf of yourself or any other entity besides Brain Balance.
In addition to the general non-compete clause, there is also a geographic restriction. For a period of one year after termination, whether voluntary or for cause, you cannot render competing services within a thirty-five (35) mile radius of the Company's office. The exact location of 'the Company's office' is not specified in the excerpt, but it is something a prospective franchisee should clarify.
These non-compete terms are fairly standard in franchising to protect the brand's business model, customer relationships, and proprietary information. Prospective franchisees should carefully consider the implications of these restrictions, especially if they plan to remain in the same geographic area and industry after leaving the Brain Balance system. It is important to note that the specific terms and enforceability of non-compete agreements can vary by state law, so consulting with an attorney is advisable.