What does Exhibit A of the Software License Agreement describe regarding the Brain Balance software?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
- (g) COMPANY will license to FRANCHISEE the Software under the Application License Agreement as more fully set forth in Section 15.
- (j) FRANCHISEE is in breach of any of the terms or conditions of the Software Agreement;
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, the provided excerpts do not contain Exhibit A of the Software License Agreement. The excerpts do mention a Software License Agreement, indicating that Brain Balance will license software to the franchisee as detailed in Section 15 of the Application License Agreement.
Without Exhibit A, it's unclear what specific aspects of the Brain Balance software are covered by the agreement. This could include the scope of the license, permitted uses, restrictions, updates, maintenance, and support terms. The excerpts do state that a franchisee can be in breach of the Software Agreement.
A prospective Brain Balance franchisee should request a full copy of the Software License Agreement, including all exhibits, and carefully review it with legal counsel. Key questions to ask the franchisor include: What are the specific functions of the software? What data does it collect, and how is that data protected? What are the franchisee's obligations regarding software updates and security? What happens to the software license upon termination or transfer of the franchise agreement?