Is the Brain Balance franchisee's contribution to the Advertising Fund refundable?

According to Brain Balance's 2025 Franchise Disclosure Document, the franchisee's contribution to the Advertising Fund is non-refundable. The franchisee is required to contribute to the Advertising Fund, which Brain Balance has established for the benefit of all franchisees and company-operated centers.

The franchisee's contribution is set at two percent of Gross Revenue, with a minimum of $200 due monthly. This contribution is due and payable in the same manner and at the same time as the royalty payments. Even if the center is not opened by the tenth month following the franchise agreement date, the franchisee is still obligated to begin contributing to the Advertising Fund at that time.

The funds collected are maintained by Brain Balance in a segregated account and are used at their discretion for national or regional advertising, public relations, research dissemination, charitable activities like the Brain Balance® Foundation, website and electronic media development, and promotion of the Brain Balance Program®. Franchisees acknowledge that these expenditures are intended to maximize general public awareness of the Brain Balance Program® for the benefit of the entire system. Franchisees are not considered third-party beneficiaries with respect to the Advertising Fund and have no right to enforce contributions to it.