Is Brain Balance obligated to provide the services of a particular individual for consulting services?

According to Brain Balance's 2025 Franchise Disclosure Document, franchisees acknowledge that Brain Balance is under no obligation to provide the services of a particular individual for consulting services. However, if a franchisee requests consulting services be performed by a specific individual, the per diem rate is $1,500, and the half-day rate is $750. This implies that while Brain Balance is not required to provide a specific consultant, they may do so at the franchisee's request, subject to higher fees.

If a franchisee fails to master the principles of the licensed technology, if system development results in new principles or protocols, or at the franchisee's request, Brain Balance will provide additional training and consultation at the franchisee's office, at the franchisee's sole cost and expense. This additional training and consultation comes at a per diem payment of $1,000, including business development, marketing, organization, operation of its first or additional centers, and promotion of the franchised business. Consulting services lasting more than four hours are considered a "full day," while services lasting more than one half hour and less than four hours are considered a "half day," for which $500 will be paid. Time spent by a consultant lasting less than one half hour will not be considered consultation services.

This policy allows Brain Balance to maintain control over the consistency and quality of its consulting services, while also providing franchisees the option to request a specific consultant if they are willing to pay the higher rate. For a prospective franchisee, this means that while they can request a particular consultant, it will come at a premium. Otherwise, Brain Balance will provide consulting services as needed, without guaranteeing a specific individual. This is a fairly common practice in franchising, where franchisors balance the need for standardized support with the occasional need for specialized expertise.