Is Brain Balance obligated to provide maintenance or support for licensee-provided hardware for the Brain Balance system?
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 provide maintenance or support for hardware that the licensee provides. This also extends to the licensee's operating systems, networks, and connectivity.
This means that as a Brain Balance franchisee, you are responsible for maintaining and supporting your own hardware, operating systems, networks, and internet connectivity. If any issues arise with these components, you will need to resolve them independently or through a third-party service provider. Brain Balance's support is limited to the software they provide, and they are not responsible for ensuring that your hardware and network infrastructure are compatible or functioning correctly.
Brain Balance also will not provide support for any software other than the specific software they license to you, especially if that software has been altered or modified by anyone other than Brain Balance or its representatives. They are also not responsible for issues caused by computer viruses, damage to software or data not directly caused by them, or modifications to your hardware or operating systems. It is important to ensure you have adequate protection against viruses and data loss, as Brain Balance will not assist in these areas.
This policy is fairly common in franchising, as franchisors typically focus their support on their proprietary systems and software, while franchisees manage their own IT infrastructure. As a prospective franchisee, it is important to factor in the costs of IT support and maintenance when evaluating the overall investment required to operate a Brain Balance center.