factual

Is a Brain Balance franchisee allowed to use the 'Brain Balance' name for purposes other than operating a Brain Balance Center?

Brain_Balance Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 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.

  • 1.03. The Franchise granted herein does not grant FRANCHISEE the right to engage in any business other than the Franchised Business, whether said business is conducted within or without the Territory or under the Marks or under any other name or mark.

  • 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.

Source: Item 22 — CONTRACTS (FDD pages 70–72)

What This Means (2025 FDD)

According to the 2025 Brain Balance Franchise Disclosure Document, a franchisee's use of the Brain Balance name and associated marks is restricted to the operation of a Brain Balance Center. Specifically, franchisees cannot use the Brain Balance name or program name for any purpose or service outside of what is specifically permitted for the operation of their Brain Balance Center. This restriction ensures that the brand name is exclusively associated with the services provided under the franchise agreement.

This limitation is further reinforced by the stipulation that the franchise granted to the franchisee does not extend to any business other than the Franchised Business, regardless of whether such business is conducted within or outside the designated territory or under the Brain Balance marks or any other name or mark. This clause is designed to prevent franchisees from diversifying into other business ventures using the Brain Balance brand or any similar branding, maintaining the focus on the core services of the Brain Balance Center.

Furthermore, while franchisees are granted the right to use the Brain Balance name as part of their trade or business name, this use must be in the exact manner and style directed by Brain Balance. The franchisee cannot use the Brain Balance marks as part of their corporate or limited liability company name without prior written consent from Brain Balance. This control over the use of the name ensures brand consistency and prevents unauthorized expansion of the brand's application by individual franchisees.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.