How must a Brain Balance franchisee adopt and use the Marks?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.01. FRANCHISEE is granted the right to use, and FRANCHISEE agrees to use, the words "Brain Balance®" as part of its trade or business name, in the exact manner and style set forth on Schedule I (the "Business Name") and as directed by COMPANY. COMPANY reserves the right to direct a change in the manner of use of the Marks by FRANCHISEE, and FRANCHISEE agrees to comply with such directions. FRANCHISEE shall not use the Marks as part of its corporate or limited liability company name without the prior written consent of COMPANY.
- 10.15.
FRANCHISEE shall not cause the words "Brain Balance®" or "Brain Balance Program®" to appear in any form, whether print, electronic media, or otherwise, on stationery, signs, advertising, electronic media, or otherwise, without complying with all COMPANY written instructions regarding appearance of the Marks.
- 10.16.
FRANCHISEE shall not utilize the name "Brain Balance®," or "Brain Balance Program®," or any of the Marks in connection with any purpose or service other than the operation of a Brain Balance® Center to the extent specifically permitted hereunder.
10.18. (a) FRANCHISEE's proposed Center location, relocation, center layout, office equipment, all printed matter used in the operation of the Franchised Business, including without limitation, assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials, and the manner in which any and of these will be used are subject to the prior written consent of COMPANY and must comply with the Operations Manual.
(b) All advertising and promotional matter, whether printed or digital material, including without limitation, Internet, and other electronic media advertisements, transcripts of all radio and television advertisements, and the manner in which any of these will be used are subject to the prior written consent of COMPANY prior to use and shall be submitted to COMPANY for written approval prior to use.
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.
- (a) operate, advertise, and promote the Franchised Business under the Marks exactly as set forth in the Operations Manual;
- (b) adopt and use the Marks in accordance with rules now or hereafter prescribed in writing by COMPANY
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, a franchisee is granted the right to use the words "Brain Balance®" as part of its trade or business name, but must do so in the exact manner and style directed by Brain Balance. Brain Balance retains the right to direct changes in how the franchisee uses the marks, and the franchisee must comply with these directions. The franchisee cannot use the marks as part of its corporate or limited liability company name without Brain Balance's prior written consent.
Brain Balance requires franchisees to operate, advertise, and promote their franchised business under the Marks exactly as detailed in the Operations Manual. Franchisees must adopt and use the Marks according to the rules prescribed in writing by Brain Balance. They must also conduct their franchised business under the Marks in accordance with the operational standards established by Brain Balance, as described in the confidential Operations Manual and other documents provided by Brain Balance.
Furthermore, the franchisee cannot display the words "Brain Balance®" or "Brain Balance Program®" on any medium without following Brain Balance's written instructions regarding the appearance of the Marks. The franchisee is prohibited from using the Brain Balance name or Marks for any purpose other than operating a Brain Balance Center as specifically permitted by the franchise agreement. This extends to stationery, signs, advertising, and electronic media. All printed matter and advertising materials must receive prior written consent from Brain Balance, and if Brain Balance does not respond within ten days, the request is considered disapproved.