In what capacities am I prohibited from rendering competing services to Brain Balance after my association ends?
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, during the term of your association with the company and for one year after termination, whether voluntary or for cause, you are prohibited from rendering competing services. This restriction applies whether you act directly or indirectly, and in any capacity such as an employee, owner, partner, stockholder, member, investor, agent, or consultant. The non-compete extends to rendering services on your own behalf or on behalf of any person or entity other than Brain Balance.
This means that for one year after leaving Brain Balance, you cannot be involved in any business that competes with Brain Balance's services. This includes direct involvement as an owner or employee, as well as indirect involvement as an investor or consultant. The restriction is in place to protect Brain Balance's business interests and prevent former franchisees from using their knowledge and experience gained with Brain Balance to compete against them.
Additionally, the FDD states that this restriction extends for twelve months within a thirty-five (35) mile radius of the Company's office. The specific location of the Company's office is not provided in the excerpt, but it is something a prospective franchisee should confirm. This geographical limitation means that even if you are not directly competing with Brain Balance in the same capacity, you cannot be involved with a competing business within that specified radius. This clause is designed to protect existing Brain Balance locations from competition in their immediate area.
It is important for potential franchisees to carefully consider these restrictions before investing in a Brain Balance franchise. Understanding the scope and duration of the non-compete agreement is crucial for planning your future business activities after your association with Brain Balance ends. You should seek legal counsel to fully understand the implications of this clause and how it may affect your future career options.