In what manner is a Brain Balance franchisee permitted to use the Brain Balance Marks and Copyrights?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISEE is granted the right to use, and FRANCHISEE agrees to use, the words "Brain Balance®" as part of its trade or business name, in the exact manner and style set forth on Schedule I (the "Business Name") and as directed by COMPANY. COMPANY reserves the right to direct a change in the manner of use of the Marks by FRANCHISEE, and FRANCHISEE agrees to comply with such directions. FRANCHISEE shall not use the Marks as part of its corporate or limited liability company name without the prior written consent of COMPANY.
2.02. FRANCHISEE agrees to obtain COMPANY's prior written approval for all content used by FRANCHISEE on FRANCHISEE's link to COMPANY's Web site.
10.15.
FRANCHISEE shall not cause the words "Brain Balance®" or "Brain Balance Program®" to appear in any form, whether print, electronic media, or otherwise, on stationery, signs, advertising, electronic media, or otherwise, without complying with all COMPANY written instructions regarding appearance of the Marks.
- 10.16.
FRANCHISEE shall not utilize the name "Brain 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.
10.18. (a) FRANCHISEE's proposed Center location, relocation, center layout, office equipment, all printed matter used in the operation of the Franchised Business, including without limitation, assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials, and the manner in which any and of these will be used are subject to the prior written consent of COMPANY and must comply with the Operations Manual.
(b) All advertising and promotional matter, whether printed or digital material, including without limitation, Internet, and other electronic media advertisements, transcripts of all radio and television advertisements, and the manner in which any of these will be used are subject to the prior written consent of COMPANY prior to use and shall be submitted to COMPANY for written approval prior to use.
If COMPANY does not approve the activities, materials, media, or use in writing within ten (10) days, the activity, material, media, and use will be deemed disapproved.
- (c) FRANCHISEE may conduct individual email communications without first obtaining company's written approval, but the contents of such communications must comply with requirements and restrictions contained in the Operations Manual.
In addition, FRANCHISEE must obtain company's prior written approval for any and all email addresses other than the email address assigned to FRANCHISEE by company.
FRANCHISEE may not obtain (800), (888), or similar toll free telephone numbers or use any email address containing the words "BBF," "Brain Balance®," or "Brain Balance Program®" as part of the telephone n
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 granted the right to use the words "Brain Balance®" as part of its trade or business name, adhering to the exact manner and style outlined in Schedule I and as directed by Brain Balance. Brain Balance retains the authority to instruct changes in how the franchisee uses the Marks, and the franchisee must comply with these instructions. The franchisee cannot use the Marks as part of its corporate or limited liability company name without Brain Balance's prior written consent. The franchise granted is specifically for operating a Brain Balance® Center franchise specializing in a non-medical program for children with developmental delays.
The franchisee's use of the Brain Balance marks must align with Brain Balance's written instructions regarding the appearance of the Marks on various media, including print and electronic formats. The franchisee is prohibited from using the Brain Balance name or Marks for any purpose or service outside the operation of a Brain Balance Center, unless specifically permitted by the franchise agreement.
Furthermore, the franchisee must obtain Brain Balance's prior written approval for all content used on the franchisee's link to Brain Balance's website. All printed matter, office equipment, center layout, and advertising materials require Brain Balance's prior written consent and must comply with the Operations Manual. This includes assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials. Brain Balance has 10 days to approve or disapprove of the activities, materials, media, or use in writing. Individual email communications are permitted without prior written approval, provided they comply with the Operations Manual. However, any email addresses other than the one assigned by Brain Balance require prior written approval. Franchisees are prohibited from obtaining toll-free numbers or email addresses containing "BBF," "Brain Balance®," or "Brain Balance Program®".