If Brain Balance is involved in litigation regarding the Marks or Copyrights, what is the franchisee required to do?

According to Brain Balance's 2025 Franchise Disclosure Document, if Brain Balance is involved in litigation regarding its Marks or Copyrights, franchisees must execute any and all documents that are reasonable and necessary. Additionally, franchisees must perform actions that are reasonable and necessary for Brain Balance to defend or prosecute such litigation at its sole discretion.

This obligation ensures that Brain Balance can protect its intellectual property effectively. By requiring franchisees to cooperate in litigation, Brain Balance aims to maintain the integrity and value of its brand and proprietary materials. This is a fairly standard clause in franchise agreements, as the brand's trademarks and copyrights are critical assets.

For a prospective Brain Balance franchisee, this means being prepared to assist Brain Balance with any legal matters related to its trademarks or copyrights. While the franchisee's role is limited to providing reasonable assistance, it's essential to understand this obligation and be ready to comply if the need arises. Franchisees should seek clarification on what constitutes "reasonable and necessary" actions to avoid potential disputes.