What must a Brain Balance franchisee do with evidence of local advertising expenditures?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
s 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. Likewise, all marketing vendors or service providers for FRANCHISEE must be approved in writing by COMPANY prior to being retained by FRANCHISEE.
- (c) FRANCHISEE may conduct individual email communications without first obtaining company's written approval, but the contents of such communications must comply with requirements and restrictions contained in the Operations Manual. In addition, FRANCHISEE must obtain company's prior written approval for any and all email addresses other than the email address assigned to FRANCHISEE by company. FRANCHISEE may not obtain (800), (888), or similar toll free telephone numbers or use any email address containing the words "BBF," "Brain Balance®," or "Brain Balance Program®" as part of the telephone number or address, except as may be set forth in the Operations Manual.
- (d) FRANCHISEE shall not maintain an independent website. COMPANY shall include information about FRANCHISEE's Center on the System Web site, FRANCHISEE agrees to provide the information and materials that COMPANY periodically requests concerning FRANCHISEE's Center and otherwise participate in the System Web site in the manner that COMPANY periodically specifies. By posting or submitting information or materials for the System Web site, FRANCHISEE is representing that the information and materials are accurate and not misleading and do not infringe upon any third party's rights.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, franchisees are required to submit all advertising and promotional materials to Brain Balance for written approval before use. This includes printed or digital material, internet and electronic media advertisements, and transcripts of radio and television advertisements. If Brain Balance does not provide written approval within ten days, the advertising is considered disapproved.
Brain Balance franchisees must spend a minimum of $6,000 per calendar month or 9% of gross revenue, whichever is greater, on local advertising, following Brain Balance's directions for allocating funds across various marketing channels. If an Advertising Cooperative is established in the franchisee's designated marketing area, the franchisee must join and contribute as set forth in section 6.07 of the agreement. Payments to the media fund for the Advertising Co-op will count toward the franchisee's local advertising obligations.
Furthermore, Brain Balance franchisees must secure written approval from Brain Balance for all marketing vendors or service providers before retaining them. While franchisees can conduct individual email communications without prior approval, the content must comply with the Operations Manual. Franchisees also need prior written approval for any email addresses beyond the one assigned by Brain Balance. Franchisees are prohibited from using toll-free numbers or email addresses that include "BBF," "Brain Balance®," or "Brain Balance Program®," unless specified in the Operations Manual, and they cannot maintain an independent website.