Is a Brain Balance licensee allowed to remove any trademarks, proprietary legends, or copyright notices from the Software or the Software Materials?

According to Brain Balance's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from removing any trademarks, proprietary legends, or copyright notices from the Software or the Software Materials. This restriction is part of the agreement that Brain Balance licensees must adhere to. Additionally, franchisees are not allowed to reproduce, publish, sell, modify, distribute, prepare derivative programs of, or license the Software or the Software Materials in any manner.

This provision ensures that Brain Balance maintains control over its intellectual property and brand identity. By preventing franchisees from altering or removing proprietary notices, Brain Balance protects its trademarks and copyrights. This is a standard practice in franchising, as franchisors need to safeguard their brand and proprietary materials to maintain consistency and quality across all franchise locations.

For a prospective Brain Balance franchisee, this means they must use the provided software and materials exactly as they are, without any modifications to branding or copyright information. Any unauthorized use or alteration of the software or materials could result in a breach of the franchise agreement, potentially leading to penalties or termination of the franchise agreement. Therefore, it is crucial for franchisees to understand and comply with these restrictions to maintain a good standing with Brain Balance.