Where must the Brain Balance franchise agreement be accepted to become effective?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein contained, it is agreed:
1. GRANT OF FRANCHISE
1.01. COMPANY hereby grants to FRANCHISEE and FRANCHISEE hereby accepts the right, license, privilege, and franchise of utilizing the Marks, the Licensed Technology, and System to establish a single Brain Balance® Center and to operate the Business therein, all, subject to the terms and conditions of this Agreement solely within the territory described in Schedule I attached hereto (the "Territory"), at a specific location to be approved in writing by
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, the franchise agreement is accepted when Brain Balance grants the franchisee the right, license, privilege, and franchise to utilize the Marks, the Licensed Technology, and System to establish a single Brain Balance® Center. The franchisee must also accept this grant to operate the Business therein, all subject to the terms and conditions of the agreement solely within the territory described in Schedule I attached to the agreement. The specific location must be approved in writing by Brain Balance.
This means that the agreement becomes effective once Brain Balance approves the franchisee's application and grants them the rights to operate a center within a defined territory, contingent on the franchisee's acceptance and adherence to the agreement's terms. The territory is detailed in Schedule I, and the center's location requires written approval from Brain Balance, indicating that the location is a crucial factor in the acceptance of the agreement.
For a prospective franchisee, this highlights the importance of carefully reviewing Schedule I to understand the territory's boundaries and potential. Additionally, securing written approval for the center's location is a critical step in finalizing the agreement and commencing operations. Franchisees should ensure they meet all conditions and understand the implications of operating within the approved territory and location, as these are fundamental to the franchise's validity and operational scope.