Does the Brain Balance franchisee acknowledge the validity of the Marks licensed under the Franchise Agreement?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Brain Balance's 2025 Franchise Disclosure Document, franchisees acknowledge the value and validity of the Brain Balance Marks. The franchise agreement states that the franchisee recognizes that operating the Brain Balance business under the System and utilizing the Marks has created valuable goodwill among the public.
This acknowledgement is a standard clause in franchise agreements. It confirms that the franchisee understands the importance of the Brain Balance brand and its associated trademarks. By agreeing to this, the franchisee recognizes that the brand's reputation contributes to the success of their individual center.
This acknowledgement also reinforces Brain Balance's rights to protect its trademarks and brand identity. It prevents franchisees from later disputing the validity or ownership of the Marks. This clause is important for maintaining uniformity and protecting the brand's reputation across all franchise locations.