Can a Brain Balance franchisee take any action that infringes on the company's rights to use the Marks?

According to the 2025 Brain Balance Franchise Disclosure Document, a franchisee is expressly prohibited from taking any action that infringes upon Brain Balance's rights to use its Marks, both during the term of the Franchise Agreement and after its termination. The Marks include trade names, trademarks, service names, logos, copyrights and other service marks used by Brain Balance in connection with its System.

Brain Balance franchisees must operate, advertise, and promote their franchised business under the Marks exactly as outlined in the Operations Manual. They are also required to adopt and use the Marks according to the rules prescribed in writing by Brain Balance and conduct their business in accordance with the operational standards established by Brain Balance, as detailed in the confidential Operations Manual.

Brain Balance retains the right to direct a termination in the use of any of the Marks and to designate new, modified, or replacement marks for use by franchisees. Franchisees are required to use any such new marks, and they are not entitled to any compensation as a result of the discontinuation or modification of the Marks. To further protect Brain Balance's rights, if Brain Balance is involved in any litigation concerning the Marks or Copyrights, the franchisee must execute all reasonable and necessary documents to assist Brain Balance in defending or prosecuting such litigation.