Can Brain Balance change the standard practices and image that franchisees must maintain?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
e advertisements and two agate lines in other advertising or stationery (except on a business card), and (iv) to be printed larger or bolder than the words "Brain Balance®" or "Brain Balance Program.®"
- 10.15. FRANCHISEE shall not cause the words "Brain Balance®" or "Brain Balance Program®" to appear in any form, whether print, electronic media, or otherwise, on stationery, signs, advertising, electronic media, or otherwise, without complying with all COMPANY written instructions regarding appearance of the Marks.
- 10.16. FRANCHISEE shall not utilize the name "Brain Balance®," or "Brain Balance Program®," or any of the Marks in connection with any purpose or service other than the operation of a Brain Balance® Center to the extent specifically permitted hereunder.
- 10.17. (a) All permanent staff of the Franchised Business shall execute Exhibit 3, the Confidentiality, Non-Solicitation, and Non-Compete Agreement as provided in the Operations Manual. FRANCHISEE will take such action in connection therewith as may be required by COMPANY both during and upon termination of this Agreement in order to protect any trade secrets that are proprietary to COMPANY or any information, knowledge, or know-how deemed confidential under this Agreement.
- (b) FRANCHISEE or its principal must have satisfactorily completed the Initial Training Program.
- 10.18. (a) FRANCHISEE's proposed Center location, relocation, center layout, office equipment, all printed matter used in the operation of the Franchised Business, including without limitation, assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials, and the manner in which any and of these will be used are subject to the prior written consent of COMPANY and must comply with the Operations Manual.
- (b) All advertising and promotional matter, whether printed or digital material, including without limitation, Internet, and other electronic media advertisements, transcripts of all radio and television advertisements, and the manner in which any of these will be used are subject to the prior written consent of COMPANY prior to use and shall be submitted to COMPANY for written approval prior to use.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, franchisees must adhere to the standard practices and image established by Brain Balance. Franchisees must get prior written consent from Brain Balance for all printed matter used in their franchised business, including assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials. These items must also comply with the operations manual.
Brain Balance also requires written approval for all advertising and promotional materials, whether printed or digital, including internet and other electronic media advertisements and radio and television advertisement transcripts. Furthermore, franchisees must follow Brain Balance's written instructions regarding the appearance of the Brain Balance marks on stationery, signs, advertising, and electronic media. Franchisees cannot use the Brain Balance name or marks for any purpose other than operating a Brain Balance center as specifically permitted in the agreement.
Brain Balance maintains a System Website and includes information about the franchisee's center on it. Brain Balance may change the System Website or any services offered through it at any time and owns all intellectual property related to data flowing through the System Website. Franchisees cannot maintain an independent website but can maintain an independent social media presence on platforms like Facebook, Instagram, and Twitter.
These stipulations ensure that Brain Balance maintains consistent brand standards across all franchise locations. While franchisees have some autonomy in social media, Brain Balance retains control over the System Website, advertising materials, and use of the Brain Balance marks, ensuring uniformity and protecting the brand's image.