Is Brain Balance obligated to make modifications to the licensee's hardware?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Notwithstanding any language to the contrary in this Agreement, Licensor shall not be obligated to provide maintenance or support with respect to or for:
- (i) Licensee provided hardware, operating systems, networks and connectivity;
- (ii) Any software other than the Software, or with respect to the Software if it has been altered or modified by anyone other than Licensor or its designated representatives;
- (iii) Viruses (including, without limitation, detection of viruses and resorting or recovering software, including the Software, or data damage caused by viruses);
- (iv) damage to the Software or data not caused by Licensor or its representatives (including, without limitation, entering, correcting or restoring any data lost, damaged or corrupted due to media failure, Hardware failure, viruses, power interruption, failure to back-up data, improper use of the Software or other software, or network or operating system problems); and
- (v) Making modifications to, or providing support for Licensee hardware, operating system software, third party application software, data feeds or external data of the Licensee or its affiliates.
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, Brain Balance is not obligated to make modifications to a licensee's hardware. The document specifies that Brain Balance is not required to provide maintenance or support for licensee-provided hardware. This includes hardware, operating systems, networks, and connectivity.
This means that franchisees are responsible for ensuring their hardware is compatible with the Brain Balance software and meets the necessary specifications. If a franchisee's hardware needs modification or repair, it is the franchisee's responsibility to handle these issues independently. This could involve hiring third-party IT support or replacing hardware as needed.
This policy is fairly standard in the franchise industry, as franchisors typically focus their support on the proprietary software and systems that define their brand. By placing the responsibility for hardware maintenance on the franchisee, Brain Balance can avoid the complexities and costs associated with supporting a wide range of hardware configurations. However, franchisees should carefully consider these potential costs when evaluating the overall investment required to start a Brain Balance franchise.