What does the Brain Balance franchise agreement say about the value of each detail of the Brain Balance System?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, COMPANY has expended time, effort, and money to develop a uniform and standardized system (the "System") for the operation of Brain Balance® Centers (the "Center(s)"), which offer the Brain Balance Program®, a non-medical method of assessment and program development for individuals with developmental delays resulting from neurological and physiological imbalances using certain technology (the "Licensed Technology") (the "Business"), under the trade names and service marks "Brain Balance Program®", "Brain Balance®" with logo, and Brain Balance®" " ("Brain Balance Program®", "Brain Balance®" with logo, and Brain Balance®", and such other trade names, trademarks, service names, logos, copyrights, and other service marks now or hereafter used by COMPANY in connection with the System are hereinafter referred to as the "Marks"); and
WHEREAS, COMPANY's System includes a business strategy utilizing training methods, methodology, protocols, Licensed Technology, promotional programs, uniform standards, a confidential Operations Manual (as hereinafter defined), and other information, items, and experience that benefit the operation of the Business; and
WHEREAS, FRANCHISEE acknowledges that the Business, operated in accordance with the System and utilizing the Marks has acquired distinctive and valuable goodwill among the public; and
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, the franchise agreement emphasizes the importance and value of the Brain Balance System. The agreement highlights that Brain Balance has invested significant resources to develop a uniform system for operating Brain Balance Centers, offering a non-medical program for individuals with developmental delays. This system incorporates licensed technology and is marketed under specific trade names and service marks.
The Brain Balance System encompasses various elements, including training methods, methodology, protocols, licensed technology, promotional programs, uniform standards, and a confidential Operations Manual. These components are designed to benefit the operation of the Brain Balance business. The franchise agreement recognizes that a Brain Balance business, when operated according to the System and utilizing the Marks, gains valuable goodwill among the public.
Furthermore, franchisees must adhere to Brain Balance's standards in operating their centers. Franchisees must obtain written consent from Brain Balance before opening their center and initiating the Brain Balance Program for students. Franchisees are also required to prominently display approved signage indicating that the center is an independently owned and operated location within the Brain Balance system. All advertising and promotional materials must comply with Brain Balance's written instructions and receive prior written consent from the company. This underscores the importance of maintaining brand consistency and quality control across all Brain Balance locations.
Brain Balance also provides ongoing support and consultation to franchisees. After the center opens, Brain Balance offers consultation at no charge for issues initiated by the company or related to the implementation of licensed technology. However, if a franchisee needs additional training or consultation due to failing to master the principles of the licensed technology, they will incur a per diem cost of $1,000, or $1,500 if a specific consultant is requested. This demonstrates the value Brain Balance places on its system and the support it provides to ensure franchisees can effectively implement the Brain Balance Program.