Does Brain Balance have an obligation to provide ongoing supervision, assistance, or services beyond what is stated in the Franchise Agreement?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEM, AND TRAINING]
Continuing Obligations
During the operation of the franchised business:
- (a) We will make additional training and consulting services available to you and your employees we deem necessary and appropriate. Such services will be provided at your cost and expense: (1) if you request additional training or consulting services; (2) if you fail to master the principles and objectives of the Licensed Technology; (3) if new principles or protocols are developed for the System; or (4) if you replace your Center Director or Program Director (Franchise Agreement §9.02(a) and (b)).
- (b) We will provide Advanced Training which will include on-going training through webinars, courses within the Brain Balance Training Site, and workshops to all franchisees, at your cost and expense, which may be related to enrollment enhancement, assessment and program delivery, and marketing, up to two (2) times per year (Franchise Agreement §6.05).
- (c) We will provide to you methods for development of the Franchised Business, including marketing and methods to obtain clients (Franchise Agreement §9.02(c)).
- (d) We will provide you with modifications, additions, and deletions to the Operations Manual (Franchise Agreement §9.02(f)) as we deem necessary in our discretion.
- (e) We will provide you with modifications, additions, and deletions to the Software (Application License Agreement §1(a) A) as we deem necessary in our discretion.
- (f) We will provide continuing advisory assistance to you as we deem appropriate (Franchise Agreement §9.02(d)).
- (g) We will make available to you, from time to time, advertising and promotional materials for use by your Center prepared by our advertising agencies and marketing company (Franchise Agreement §9.02(h)).
- (h) We will provide you with specifications and resources for selecting the services of a Call Center to assist your Center with sales calls and enrollment enhancement (Franchise Agreement §6.10).
- (i) We will arrange for a sales lead management and data system platform (CRM) for use throughout the System (Franchise Agreement §6.06).
[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEM, AND TRAINING]
Except as listed below, we need not provide any assistance to you.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEM, AND TRAINING (FDD pages 36–47)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, Brain Balance is obligated to provide continuing support and assistance to franchisees during the operation of the franchised business. This includes making additional training and consulting services available to franchisees and their employees if Brain Balance deems it necessary. However, these services are provided at the franchisee's cost and expense under specific circumstances, such as requests for additional training, failure to master the Licensed Technology, the development of new principles or protocols, or the replacement of the Center Director or Program Director. Brain Balance also provides Advanced Training up to two times per year, at the franchisee's expense, through webinars, courses, and workshops related to enrollment enhancement, assessment and program delivery, and marketing.
Brain Balance will provide methods for business development, including marketing and client acquisition strategies. They will also provide modifications, additions, and deletions to the Operations Manual and Software as deemed necessary. Continuing advisory assistance and advertising and promotional materials will also be provided. Additionally, Brain Balance will provide specifications and resources for selecting a Call Center and arrange for a sales lead management and data system platform (CRM) for system-wide use.
However, Brain Balance explicitly states that, except for the listed provisions, they are not obligated to provide any further assistance. Franchisees are responsible for costs associated with additional training, travel, lodging, and maintaining and updating their computer systems. This includes purchasing or leasing computer hardware and software, maintaining telephone and communication capabilities, and ensuring PCI-DSS compliance for credit card payments. While Brain Balance provides necessary software upgrades at no additional cost, franchisees must implement them and permit Brain Balance access to the software and its data.