Does the Brain Balance franchise agreement explicitly prohibit the franchisee from representing themselves as an agent of the company for all purposes?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
14.05. FRANCHISEE shall at all times prominently display signage approved by COMPANY to indicate that FRANCHISEE's Center is an independently owned and operated location within the Brain Balance Achievement Center system.
14.06. FRANCHISEE shall not employ workers in key positions specified in the Operations Manual on an independent contractor basis without COMPANY's prior written consent.
15. APPLICATION LICENSE
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
Based on the 2025 Brain Balance Franchise Disclosure Document, while there isn't a statement that explicitly prohibits a franchisee from representing themselves as an agent of the company for all purposes, there are several restrictions that limit a franchisee's ability to act on behalf of Brain Balance.
Specifically, franchisees must ensure that all uses of the Brain Balance trademarks comply with the company's written instructions. They can only use the Brain Balance name and marks for operating a Brain Balance Center as permitted by the franchise agreement. Furthermore, franchisees must prominently display signage indicating that their center is independently owned and operated.
These stipulations ensure that franchisees operate with a degree of autonomy and do not mislead the public into believing they are direct extensions of the Brain Balance corporate entity. Prospective franchisees should clarify with Brain Balance the extent to which they can represent the company in various business dealings to fully understand the scope of their authority.