table_specific

What is included in 'Maintenance' for Brain Balance, and what is excluded based on the Licensor's determination?

Brain_Balance Franchise · 2025 FDD

Answer from 2025 FDD Document

"Maintenance Fee" has the meaning assigned in Section 3(b) of the License Agreement.

"Maintenance" means Error Corrections and provision of Update Releases, whether by telephone, electronic mail, fax or other delivery. Maintenance shall be within reasonable limits, as determined by Licensor, and does not include requests for basic product training or technical consulting.

Source: Item 23 — RECEIPTS (FDD pages 72–292)

What This Means (2025 FDD)

According to the 2025 Brain Balance Franchise Disclosure Document, 'Maintenance' refers to error corrections and the provision of update releases, delivered via telephone, electronic mail, fax, or other means. This maintenance is subject to reasonable limits as determined by the licensor.

Specifically excluded from Brain Balance's maintenance are requests for basic product training or technical consulting. This means that while franchisees can expect support for software errors and updates, they will need to seek alternative resources for initial training on the software or for more in-depth technical advice.

Additionally, Brain Balance will not be obligated to provide maintenance or support for licensee-provided hardware, operating systems, networks, and connectivity. Support is also excluded for any software other than the licensed software, or for the software if it has been altered by anyone other than Brain Balance or its representatives. Maintenance does not cover viruses, damage to the software or data not caused by Brain Balance, or modifications to licensee hardware, operating systems, third-party software, data feeds, or external data.

This distinction is important for prospective Brain Balance franchisees to understand, as it clarifies the scope of technical support they can expect to receive and what responsibilities they will need to handle independently or through other service providers. Franchisees should factor these exclusions into their operational planning and budget.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.