After my association with Brain Balance ends, for how long am I restricted 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 the 2025 Brain Balance Franchise Disclosure Document, if your association with Brain Balance ends, either voluntarily or due to being terminated for cause, you are restricted from providing competing services for one year. This restriction applies whether you are acting as an employee, owner, partner, stockholder, member, investor, agent, or consultant.
This non-compete agreement prevents you from engaging in any competitive business activities, either directly or indirectly, on your own behalf or for another entity. The restriction is further limited to a specific geographic area. You are prohibited from rendering competing services within a thirty-five (35) mile radius of the Brain Balance Company's office, the location of which is not specified in this excerpt.
This type of non-compete clause is common in franchise agreements to protect the franchisor's business model, trade secrets, and customer relationships. As a prospective franchisee, it is important to understand the scope and limitations of this restriction, especially if you plan to remain in the same geographic area after leaving the Brain Balance system. You should clarify the exact location of the Brain Balance Company's office to fully understand the geographic scope of the non-compete agreement.