Does the Brain Balance franchise agreement state that the franchise is personal in nature?
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, the franchise agreement emphasizes the franchisee's active role and responsibility in the business. Specifically, section 10.01 states that the franchisee must devote their full time and effort to the promotion and success of the Brain Balance franchised business. Furthermore, if a franchisee wishes to operate another business after opening a Brain Balance center, they must obtain the company's consent, which Brain Balance can refuse for any reason. This clause underscores the expectation that franchisees will be fully committed to their Brain Balance center.
This requirement ensures that each Brain Balance location receives the focused attention needed to maintain brand standards and deliver quality services. By requiring franchisees to dedicate their full time and effort, Brain Balance aims to prevent neglect or mismanagement that could arise if a franchisee's attention is divided among multiple ventures. The franchisor's right to deny a franchisee's request to operate another business further reinforces this commitment to dedicated management.
For a prospective franchisee, this means understanding that owning a Brain Balance franchise is not a passive investment. It requires active, full-time involvement in the day-to-day operations and management of the center. Franchisees should be prepared to relinquish other business interests or seek approval from Brain Balance before pursuing them, which may or may not be granted. This level of commitment is typical in many franchise systems, as the success of each location contributes to the overall brand reputation and network performance.
While the FDD excerpts highlight the franchisee's commitment and the need for full-time involvement, it does not explicitly use the phrase "personal in nature" to describe the franchise agreement. However, the stipulations regarding time commitment and outside business interests strongly imply that Brain Balance views the franchise as requiring a high degree of personal dedication and involvement from the franchisee.