Is a Brain Balance Licensee required to install Upgrades to the Software from time to time?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
4. Maintenance and Support Standards.
- (a) During the Term of this Agreement, Licensee shall operate the Software in all material respects in accordance with the Software Materials.
- (b) Licensee shall observe the following standards during the term of this Agreement:
- (i) pursuant to request by Licensor, arrange access to its premises and/or system and make its hardware accessible to Licensor's support personnel and other designated representatives, and enable logons/passwords for such persons as necessary or appropriate for Licensor's performance under this Agreement;
- (ii) Provide remote access to the Software at all times as reasonably necessary or appropriate for Licensor's performance under this Agreement;
- (iii) Install, or permit Licensor to install, Upgrades to the Software from time-to-time;
- (iv) When Upgrades or Update Releases are provided and the Licensee has requested assistance, provide a reasonable level of assistance to Licensor in implementation and testing of the same;
- (v) Provide Licensor with notice of its intention to change any Hardware, operating system or data-feeds that would affect the Software;
- (vi) Provide other reasonable assistance as Licensor may request, including, but not limited to, providing sample output and other diagnostic information as may be required by Licensor for maintenance.
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, as a condition of the licensing agreement, Brain Balance requires its licensees to either personally install or permit Brain Balance to install software upgrades periodically.
This requirement ensures that all Brain Balance centers operate on the most current software versions, which include error corrections, enhancements, and new features. This standardization aims to maintain consistency and quality across all Brain Balance locations, which can positively impact brand reputation and customer experience.
However, licensees are also responsible for ensuring their hardware, operating systems, networks, and connectivity are compatible with these upgrades. Failure to maintain compatible systems could result in the licensee being responsible for any issues that arise.