Does the Brain Balance franchise agreement specify any exceptions to the requirement that all notices be in writing?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
If COMPANY does not approve the activities, materials, media, or use in writing within ten (10) days, the activity, material, media, and use will be deemed disapproved.
Likewise, all marketing vendors or service providers for FRANCHISEE must be approved in writing by COMPANY prior to being retained by FRANCHISEE.
- (c) FRANCHISEE may conduct individual email communications without first obtaining company's written approval, but the contents of such communications must comply with requirements and restrictions contained in the Operations Manual.
In addition, FRANCHISEE must obtain company's prior written approval for any and all email addresses other than the email address assigned to FRANCHISEE by company.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, there are instances where written approval from Brain Balance is not explicitly required. Specifically, franchisees may engage in individual email communications without obtaining prior written approval from the company, provided that the content of these communications adheres to the requirements and restrictions outlined in the Operations Manual. This exception allows franchisees a degree of flexibility in their day-to-day communications, streamlining interactions with clients and other parties. However, it's crucial to note that this exception is conditional, as the content of these emails must still comply with the standards set forth in the Operations Manual.
Furthermore, the FDD stipulates that if Brain Balance does not provide written approval or disapproval of marketing activities, materials, media, or usage within ten days, the activity, material, media, or use will be considered disapproved. This implies that while written approval is generally required, a lack of response within the specified timeframe results in automatic disapproval, effectively acting as a non-written form of communication. This aspect is important for franchisees to understand, as it sets a clear expectation for response times and the consequences of not receiving timely feedback.
In all other cases, the Brain Balance franchise agreement emphasizes the necessity of written consent or approval from the company for various aspects of the franchisee's operations, including marketing materials, vendor selections, website content, and signage. This requirement ensures that franchisees maintain brand consistency and adhere to company standards. Franchisees should be aware of these requirements and plan their activities accordingly to avoid potential delays or non-compliance issues.