Does Brain Balance assume liability for advice or services provided to the franchisee or third parties?

According to Brain Balance's 2025 Franchise Disclosure Document, Brain Balance does not assume responsibility or liability to the franchisee or any third parties for any approvals, advice, or services provided to the franchisee. This applies whether these provisions are outlined in Section 9 of the agreement or any other part of the agreement. Furthermore, Brain Balance assumes no liability or obligations to the franchisee or any third party for any neglect, delay, or denial of any approval requested.

This clause is significant for prospective franchisees as it clarifies the limits of Brain Balance's liability regarding the advice and services they offer. While Brain Balance provides guidance and support in various aspects of the business, including marketing, client acquisition, and staff training, franchisees cannot hold Brain Balance liable for any negative outcomes resulting from following their advice or using their services. This underscores the importance of franchisees exercising their own judgment and due diligence when making business decisions.

This type of disclaimer is relatively common in franchise agreements. It aims to protect the franchisor from potential lawsuits arising from the franchisee's business operations. Franchisees should carefully consider this limitation of liability and seek legal counsel to fully understand its implications before investing in a Brain Balance franchise. Franchisees should also be aware that this clause does not protect Brain Balance from liability for its own negligence or intentional misconduct.