factual

Besides assignments to the same assignee, under what other specific circumstances is a Brain Balance franchisee prohibited from assigning or transferring the agreement without Brain Balance's consent?

Brain_Balance Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 10.12.

FRANCHISEE, shall not sell any assets other than in the ordinary course of business or, if a corporation, shall not merge or consolidate with another entity, reorganize, or amend its corporate charter nor shall it permit its officers, directors, shareholders, or members to assign or transfer shares of stock, except in strict accordance with the provisions of this Agreement.

Source: Item 22 — CONTRACTS (FDD pages 70–72)

What This Means (2025 FDD)

According to Brain Balance's 2025 Franchise Disclosure Document, a franchisee faces restrictions on selling assets or altering their business structure. Specifically, if the franchisee operates as a corporation, they cannot merge or consolidate with another entity, reorganize, or amend its corporate charter without Brain Balance's consent.

Additionally, the franchisee cannot permit its officers, directors, shareholders, or members to assign or transfer shares of stock, except in strict accordance with the provisions outlined in the franchise agreement. This means any changes in ownership or control of the franchisee's business entity are subject to Brain Balance's approval, ensuring the franchisor maintains oversight and control over who operates their franchises.

These stipulations are typical in franchising, as they protect the brand's integrity and consistency across all locations. Brain Balance aims to ensure that any transfer of ownership or significant changes to the franchisee's business structure align with their standards and operational guidelines. Franchisees need to be aware of these limitations, as failing to comply could result in a breach of the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.