How should a Brain Balance franchisee operate, advertise, and promote their Franchised Business under the Marks?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
sements and two agate lines in other advertising or stationery (except on a business card), and (iv) to be printed larger or bolder than the words "Brain Balance®" or "Brain Balance Program.®"
- 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.
- 10.17. (a) All permanent staff of the Franchised Business shall execute Exhibit 3, the Confidentiality, Non-Solicitation, and Non-Compete Agreement as provided in the Operations Manual. FRANCHISEE will take such action in connection therewith as may be required by COMPANY both during and upon termination of this Agreement in order to protect any trade secrets that are proprietary to COMPANY or any information, knowledge, or know-how deemed confidential under this Agreement.
- (b) FRANCHISEE or its principal must have satisfactorily completed the Initial Training Program.
- 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.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, franchisees must adhere to specific guidelines when operating, advertising, and promoting their franchised business using Brain Balance's trademarks and service marks (the "Marks"). A franchisee must operate their Brain Balance center in accordance with the standardized system developed by Brain Balance, which includes training methods, protocols, technology, promotional programs, and the confidential Operations Manual. The franchisee acknowledges that operating the business under this system and utilizing the Marks builds valuable goodwill.
Specifically, franchisees cannot use the words "Brain Balance®" or "Brain Balance Program®" on any materials, including stationery, signs, advertising, or electronic media, without following Brain Balance's written instructions regarding the appearance of the Marks. The franchisee's proposed center location, layout, office equipment, and all printed matter used in the business's operation (such as assessment tools, stationery, signage, and business cards) require Brain Balance's prior written consent and must comply with the Operations Manual.
Furthermore, all advertising and promotional materials, whether printed or digital, including internet and electronic media advertisements and radio and television advertisement transcripts, must be submitted to Brain Balance for written approval before use. If Brain Balance does not provide written approval or disapproval within ten days, the material is deemed disapproved. The franchisee is granted the right to use the words "Brain Balance®" as part of their trade or business name in the manner and style directed by Brain Balance, and Brain Balance reserves the right to direct changes in how the franchisee uses the Marks. The franchisee must also obtain Brain Balance's prior written approval for all content used on the franchisee's link to Brain Balance's website.
These regulations ensure brand consistency and quality control across all Brain Balance franchises. By requiring franchisor approval over marketing materials and operational elements, Brain Balance aims to maintain a uniform brand image and protect its trademarks. For a prospective franchisee, this means that while they have the right to use the Brain Balance name and system, they must closely follow the franchisor's guidelines and obtain approval for various aspects of their business operation and marketing efforts.