What happens if Brain Balance does not approve advertising materials within ten days?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
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 obtain prior written consent from Brain Balance for all advertising and promotional materials before use. This includes printed or digital material, internet and other electronic media advertisements, and transcripts of radio and television advertisements. Franchisees must submit these materials to Brain Balance for written approval. If Brain Balance does not provide written approval within ten days, the submitted activity, material, media, or use will be considered disapproved.
This requirement ensures that all advertising and promotional efforts align with Brain Balance's brand standards and marketing strategies. It allows Brain Balance to maintain consistency and control over how its brand is presented to the public. The ten-day review period provides a defined timeframe for franchisees to receive feedback, but it also means that franchisees need to plan their marketing campaigns well in advance to accommodate this approval process.
If Brain Balance disapproves the advertising materials, the franchisee cannot use them. This could potentially delay marketing campaigns and require the franchisee to revise and resubmit the materials for approval, adding time and potentially costs to their marketing efforts. Therefore, it is crucial for franchisees to understand and adhere to Brain Balance's advertising guidelines and submit materials that are likely to be approved to avoid delays and ensure compliance with the franchise agreement.