What is the duration of the non-compete agreement after termination of my association with Brain Balance?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
all not be considered confidential or proprietary information. I agree to surrender all such confidential and proprietary material and any copies thereof to Company upon the termination of my employment other than for use in connection with authorized work I perform for the Company.
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- Any new idea, invention, improvement or copyrightable work I create, develop or help develop while employed by Company belongs to Company if it relates to Company's business. If any such development or creation occurs during my employment or up to one year after I leave Company, I will promptly disclose and explain it and assign to Company all rights I may have in it without additional compensation.
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- 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.
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, the non-compete agreement lasts for one year after the termination of your association with the company. This applies whether the termination is voluntary or for cause. During this one-year period, you are prohibited from directly or indirectly rendering competing services, whether as an employee, owner, partner, stockholder, member, investor, agent, or consultant, on behalf of yourself or any other person or entity other than Brain Balance.
In addition to the general non-compete clause, there's also a geographic restriction. For one year after termination, whether voluntary or for cause, you cannot engage in competing services within a thirty-five (35) mile radius of the Company's office located at an unspecified address. The exact address is not provided in the excerpt, but it is something a prospective franchisee should confirm.
These restrictions are designed to protect Brain Balance's confidential information, trade secrets, client relationships, patronage, and goodwill. Prospective franchisees should carefully consider the implications of these non-compete terms, especially the geographic scope, as they could limit business opportunities after leaving the Brain Balance franchise system. It is advisable to seek legal counsel to fully understand the enforceability and potential impact of these clauses in your specific circumstances and jurisdiction.