factual

What constitutes an Event of Default for a Brain Balance franchisee if they fail to make a payment?

Brain_Balance Franchise · 2025 FDD

Answer from 2025 FDD Document

17.02. It shall be an event of default ("Event of Default") if:

  • (a) FRANCHISEE fails to make any payment, when due, required by the terms of this Agreement or any other agreement between COMPANY and FRANCHISEE, or violates any other term, provision, or condition of this Agreement or any other agreement between COMPANY and FRANCHISEE, and such failure or violation continues for more than fifteen (15) days (or such longer period as may be required by law) after notice from COMPANY to FRANCHISEE;

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

What This Means (2025 FDD)

According to Brain Balance's 2025 Franchise Disclosure Document, an Event of Default occurs if a franchisee fails to make any payment when due, as required by the terms of the Franchise Agreement or any other agreement between Brain Balance and the franchisee. This also applies if the franchisee violates any other term, provision, or condition of any agreement with Brain Balance.

However, this failure or violation must continue for more than fifteen (15) days after Brain Balance sends a notice to the franchisee. The 15-day period may be longer if required by law in the franchisee's jurisdiction. This notice period provides an opportunity for the franchisee to rectify the situation before Brain Balance declares an official Event of Default.

This clause is important for prospective franchisees as it outlines the financial obligations and other responsibilities they must meet to remain in good standing with Brain Balance. Failure to adhere to these terms, especially regarding payments, can lead to serious consequences, including termination of the franchise agreement. Franchisees should ensure they understand all payment terms and other contractual obligations to avoid defaulting on their 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.