What is the Brain Balance franchisee's obligation regarding content approval for their independent social media presence?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
e franchise opportunities, to deliver Brain Balance Program® content and support, and/or for any other purposes that COMPANY determines are appropriate (collectively, the "System Web site").
- FRANCHISEE may maintain an independent social media (e) presence, including the use of Facebook, Instagram, Twitter, and other services. FRANCHISEE agrees to submit to COMPANY for its approval before use all content, including but not limited to proposed social media usernames, account designations, avatars, background images, posts, or other materials associated with such accounts or sites. COMPANY has the right to require FRANCHISEE to associate its social media accounts with COMPANY's Web site or COMPANYcontrolled social media pages or accounts. FRANCHISEE is required to obtain prior written consent from COMPANY before opening any social media account using the Marks or any version or abbreviation of the Marks. FRANCHISEE agrees to submit to COMPANY for its approval before use all content, including but not limited to proposed social media usernames, account designations, avatars, background images, posts, or other materials associated with such accounts or sites. COMPANY has the right to require FRANCHISEE to associate its social media accounts with COMPANY's Web site or COMPANY-controlled social media pages or accounts. FRANCHISEE may be required to provide COMPANY with ownership and/or login rights to any social media account using the Marks or any version or abbreviation thereof. FRANCHISEE understands and acknowledges that such accounts shall remain the property of the COMPANY upon termination or expiration of this Agreement. FRANCHISEE may be required to pay any and all costs associated with the creation and maintenance of its social media presence.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, franchisees are permitted to maintain an independent social media presence on platforms like Facebook, Instagram, and Twitter. However, this independence comes with the obligation to seek approval from Brain Balance for all content before it is published. This includes, but is not limited to, proposed social media usernames, account designations, avatars, background images, posts, and any other materials associated with these accounts or sites. This requirement ensures that the franchisee's social media activities align with the brand's standards and image.
Brain Balance also retains the right to direct franchisees to link their social media accounts to the company's website or other company-controlled social media pages. Furthermore, franchisees may be required to grant Brain Balance ownership or login rights to any social media account that uses the brand's trademarks or variations thereof. It is explicitly stated that these accounts remain the property of Brain Balance upon termination or expiration of the franchise agreement.
Franchisees should also be aware that they may be responsible for covering all costs related to the creation and maintenance of their social media presence. If a franchisee intends to modify their social media presence, all proposed changes, with the exception of job and staff listings, must receive written approval from Brain Balance before implementation. This level of control allows Brain Balance to maintain a consistent brand message and protect its trademarks across all franchisee-managed social media channels.
In summary, while Brain Balance allows franchisees to engage in social media marketing, it imposes significant content control and potential cost burdens. Prospective franchisees should carefully consider these obligations and budget accordingly, understanding that their social media activities are subject to franchisor oversight and brand protection measures.