Where is the Brain Balance office located for the purpose of determining the non-compete radius?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
belongs to Company if it relates to Company's business. If any such development or creation occurs during my employment or up to one year after I leave Company, I will promptly disclose and explain it and assign to Company all rights I may have in it without additional compensation.
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- During the term of my association with the Company and for a period of one year after termination of my association with the Company either (i) voluntarily by me or (ii) for cause, I agree that I shall not directly or indirectly, whether as employee, owner, partner, stockholder, member, investor, agent or consul
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, the non-compete agreement states that during the term of association with the company and for one year after termination, the franchisee cannot render competing services within a 35-mile radius of "the Company's office located at __________." The specific address of the Brain Balance office used to calculate the non-compete radius is not provided in this section and is left blank.
This means that the FDD does not explicitly state where the Brain Balance office is located for the purposes of the non-compete agreement. The agreement specifies a 35-mile radius restriction, but the starting point for measuring that radius is missing.
A prospective Brain Balance franchisee should seek clarification from the franchisor regarding the exact address that will be used to determine the non-compete radius. This is crucial for understanding the scope and limitations of the non-compete obligation before signing the franchise agreement. Without this information, a franchisee cannot fully assess the potential impact of the non-compete clause on their future business activities.