Does the Brain Balance Franchise Agreement require the franchisee's full-time active participation in the daily affairs of the franchised business?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
10. ADDITIONAL OBLIGATIONS OF FRANCHISEE
10.01. FRANCHISEE shall faithfully abide by the terms of this Agreement and devote his/her full time and efforts to the promotion and success of the Franchised Business. In the event, following the opening of the Franchised Business, FRANCHISEE desires to operate a business other than the Franchised Business, FRANCHISEE agrees to obtain COMPANY's consent prior to taking any steps in connection with such proposed business, which consent may be refused for any reason or no reason.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, franchisees are required to devote their full time and effort to the promotion and success of the franchised business. Specifically, the Franchise Agreement states that franchisees must faithfully abide by the terms of the agreement. This means a franchisee is expected to be actively involved in the business to ensure its success.
However, the agreement also provides a stipulation regarding operating other businesses. If a Brain Balance franchisee wishes to operate another business after opening their franchise, they must obtain consent from Brain Balance. This consent can be refused for any reason, giving Brain Balance significant control over the franchisee's outside business activities.
This requirement ensures that franchisees remain dedicated to their Brain Balance center. It prevents franchisees from diverting their attention and resources to other ventures that could potentially detract from the success of the Brain Balance business. While full-time dedication is expected, the agreement does allow for the possibility of other business ventures with the franchisor's approval.