Who bears the costs of data retrieval from my computer system by Brain Balance?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the right at any time, to independently retrieve, poll, and use for any purpose all data and information from your computer system as we, in our sole discretion, deem necessary or desirable, with the costs of such retrieval to be borne by us. This will include client information that is collected by us in a central location and may be transmitted to an approved research facility, with which we have a cooperative data sharing arrangement, for coordination, analysis, and publication. There are no contractual limitations on our right to access the information and data. To ensure full operational efficiency and optimum communication capability among computer systems installed by you, us, and other franchisees, you must, at your own expense, keep the computer system in good maintenance and repair, and promptly install such upgrades, additions, changes, modifications, substitutions, and/or replacements to the computer hardware, software, networking/connectivity devices and configurations, telephone and power lines, and other computer-related facilities as we may direct. There is no contractual limitation on the frequency and cost of these obligations (Franchise Agreement Section 18). We cannot estimate the cost of maintaining, updating, or upgrading your computer system or its components because it will depend on your repair history, local costs of computer maintenance services in your area, and technological advances, which we cannot predict at this time.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEM, AND TRAINING (FDD pages 36–47)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, Brain Balance bears the costs associated with independently retrieving data from a franchisee's computer system. Brain Balance has the right to retrieve, poll, and use data and information from the franchisee's computer system as they deem necessary. This includes client information collected in a central location, which may be transmitted to an approved research facility for analysis and publication.
However, the franchisee is responsible for maintaining their computer system to ensure operational efficiency and communication capability. This includes keeping the system in good repair and promptly installing any upgrades, additions, changes, modifications, substitutions, or replacements to the computer hardware, software, networking devices, telephone and power lines, and other computer-related facilities as directed by Brain Balance. The FDD states there are no contractual limitations on the frequency and cost of these obligations.
Prospective franchisees should note that while Brain Balance covers the direct costs of data retrieval, franchisees are responsible for the ongoing maintenance, updates, and upgrades to their computer systems. The cost of maintaining, updating, or upgrading the computer system cannot be estimated by Brain Balance, as it depends on repair history, local costs of computer maintenance services, and technological advances.