How long after the date of the Franchise Agreement does a Brain Balance franchisee have to open the center?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
Balance Program®," or the Marks or any other trade name, trademark, service mark, service name, logo, or copyright of COMPANY or COMPANY's business or the business of any franchisee of COMPANY.
10.03. FRANCHISEE shall operate the Franchised Business from a self-contained space located in a retail building within the Territory in accordance with the terms and intent of this Agreement in a lawful and ethical manner as specified by COMPANY in its Operations Manual. FRANCHISEE shall obtain all permits and business licenses required by law for its Center location and shall comply with all premises regulatory requirements. FRANCHISEE shall obtain prior written approval from COMPANY of the lease, sign the lease within 120 days of the execution of this Agreement, and provide a copy of the executed lease to COMPANY within ten (10) days of its execution. The lease shall contain provisions that permit assignment to COMPANY and expressly provide that there are no obligations imposed on or granted against COMPANY. FRANCHISEE shall open the Center within nine (9) months of the date of this Agreement.
10.04.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, a franchisee is generally required to open their center within nine months from the date of the Franchise Agreement. This timeframe is detailed in the section outlining the franchisee's additional obligations. The franchisor emphasizes the importance of commencing operations promptly, as delays can negatively impact the Brain Balance franchise network both locally and nationally.
Brain Balance does provide a potential extension to this deadline under certain conditions. If a franchisee is unable to open within the initial nine-month period, Brain Balance has the option to grant a one-time, 90-day extension in writing. However, this extension is not guaranteed and is at the discretion of the franchisor. If Brain Balance chooses not to grant an extension, they reserve the right to terminate the Franchise Agreement.
It's important to note that failure to meet the opening deadline can have financial repercussions. If the agreement is terminated due to the franchisee's failure to open on time, Brain Balance is entitled to retain all monies previously paid by the franchisee. This underscores the importance of careful planning and preparation to ensure timely center opening. Prospective franchisees should discuss the typical center opening timeline with existing franchisees during their due diligence to better understand the factors that could impact their ability to meet this deadline.