What is the criteria for changes to the Brain Balance Program that a franchisee does NOT have to abide by?

According to the 2025 Brain Balance Franchise Disclosure Document, Brain Balance may modify the Brain Balance Program and the Operations Manual based on research and other developments. However, a franchisee does not have to abide by these changes if the changes materially and unreasonably increase the franchisee's obligations under the Franchise Agreement. This provision protects franchisees from potentially burdensome or costly changes imposed by Brain Balance after they have invested in the franchise.

This protection is significant for prospective franchisees because it provides a safeguard against substantial alterations to the franchise system that could negatively impact their business operations or profitability. Franchisees should carefully review the Franchise Agreement to understand the scope of their obligations and how changes to the Brain Balance Program or Operations Manual could affect them.

It is important for potential Brain Balance franchisees to seek legal counsel to fully understand this clause and its implications. Franchisees should also maintain open communication with Brain Balance to discuss any concerns regarding proposed changes and their potential impact on their franchise. This ensures both parties are aligned and can work together to address any challenges that may arise from modifications to the Brain Balance Program.