After the Brain Balance Franchise Agreement is terminated or expires, can I continue to use the Software?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Agreement | Summary | |
|---|---|---|---|
| r. | Non-competition covenants after the Franchise is terminated or expires | 6(c) | You have no right to use the Software after your Franchise Agreement terminates. |
| s. | Modification of the Agreement | 26 | Modifications must be in writing executed by the parties. Software may change. |
| t. | Integration/Merger clause | 26 | Only the terms of the Agreement and references to the Franchise Agreement are binding. The Franchise Agreement supersedes all prior agreements. Any other promises may not be enforceable (subject to federal and state law). However, nothing in this or any related agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits and amendments. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 54–61)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, franchisees are not permitted to use the software after the Franchise Agreement is terminated or expires. This restriction is explicitly stated in Item 17, which outlines the terms related to the non-competition covenants.
This provision is important for prospective franchisees to understand, as it means that upon termination or expiration of the franchise agreement, they will lose access to and the right to use the Brain Balance proprietary software. This could impact their ability to continue offering similar services independently, as the software is likely integral to the Brain Balance program.
It is also important to note that the software may change during the term of the agreement, as stated in the Modification of the Agreement section. This means that Brain Balance can modify the software, and franchisees must adapt to these changes. The Franchise Agreement and references to it are binding, superseding any prior agreements, but this does not disclaim express representations made in the Franchise Disclosure Document.