What information is considered confidential under the Brain Balance franchise agreement?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
Balance®," or "Brain Balance Program®," or any of the Marks in connection with any purpose or service other than the operation of a Brain Balance® Center to the extent specifically permitted hereunder.
- 10.17. (a) All permanent staff of the Franchised Business shall execute Exhibit 3, the Confidentiality, Non-Solicitation, and Non-Compete Agreement as provided in the Operations Manual. FRANCHISEE will take such action in connection therewith as may be required by COMPANY both during and upon termination of this Agreement in order to protect any trade secrets that are proprietary to COMPANY or any information, knowledge, or know-how deemed confidential under this Agreement.
- (b) FRANCHISEE or its principal must have satisfactorily completed the Initial Training Program.
- 10.18.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, franchisees and their staff members are required to protect the confidentiality of certain information. All permanent staff must sign a Confidentiality, Non-Solicitation, and Non-Compete Agreement, as detailed in the Operations Manual. This agreement ensures that staff members understand their obligations to protect Brain Balance's sensitive information.
Brain Balance franchisees must take necessary actions to safeguard trade secrets and any information, knowledge, or know-how deemed confidential. This obligation extends both during the term of the Franchise Agreement and after its termination, indicating the lasting importance of maintaining confidentiality. The confidential information is considered proprietary to Brain Balance.
Furthermore, the Brain Balance System itself incorporates confidential elements. The System includes a confidential Operations Manual, training methods, methodology, protocols, Licensed Technology, promotional programs, uniform standards, and other information, items, and experience that benefit the operation of the Brain Balance business. This broad definition suggests that various aspects of the Brain Balance business model are considered confidential and must be protected by franchisees.