If a Brain Balance franchisee wants to operate another business after opening their franchise, what must they do?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
10.01. FRANCHISEE shall faithfully abide by the terms of this Agreement and devote his/her full time and efforts to the promotion and success of the Franchised Business. In the event, following the opening of the Franchised Business, FRANCHISEE desires to operate a business other than the Franchised Business, FRANCHISEE agrees to obtain COMPANY's consent prior to taking any steps in connection with such proposed business, which consent may be refused for any reason or no reason.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, a franchisee who wishes to operate a business other than their Brain Balance franchise after its opening must first obtain consent from Brain Balance. This consent can be refused by Brain Balance for any reason.
This requirement means that franchisees cannot freely engage in other business ventures without the franchisor's approval. This provision allows Brain Balance to ensure that franchisees remain dedicated to the success of their Brain Balance center and do not divert resources or attention to other businesses that could potentially compete with or detract from the franchise.
For a prospective franchisee, this underscores the importance of fully committing to the Brain Balance franchise. Before signing the franchise agreement, it would be prudent to discuss with Brain Balance what types of outside business activities might be acceptable and under what conditions consent would be granted. Understanding the franchisor's stance on this matter can help avoid potential conflicts or restrictions down the line.