What operational standards must a Brain Balance franchisee follow when conducting its Franchised Business under the Marks?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
e advertisements and two agate lines in other advertising or stationery (except on a business card), and (iv) to be printed larger or bolder than the words "Brain Balance®" or "Brain Balance Program.®"
- 10.15. FRANCHISEE shall not cause the words "Brain Balance®" or "Brain Balance Program®" to appear in any form, whether print, electronic media, or otherwise, on stationery, signs, advertising, electronic media, or otherwise, without complying with all COMPANY written instructions regarding appearance of the Marks.
- 10.16. FRANCHISEE shall not utilize the name "Brain Balance®," or "Brain Balance Program®," or any of the Marks in connection with any purpose or service other than the operation of a Brain Balance® Center to the extent specifically permitted hereunder.
- 10.17. (a) All permanent staff of the Franchised Business shall execute Exhibit 3, the Confidentiality, Non-Solicitation, and Non-Compete Agreement as provided in the Operations Manual. FRANCHISEE will take such action in connection therewith as may be required by COMPANY both during and upon termination of this Agreement in order to protect any trade secrets that are proprietary to COMPANY or any information, knowledge, or know-how deemed confidential under this Agreement.
- (b) FRANCHISEE or its principal must have satisfactorily completed the Initial Training Program.
- 10.18. (a) FRANCHISEE's proposed Center location, relocation, center layout, office equipment, all printed matter used in the operation of the Franchised Business, including without limitation, assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials, and the manner in which any and of these will be used are subject to the prior written consent of COMPANY and must comply with the Operations Manual.
- (b) All advertising and promotional matter, whether printed or digital material, including without limitation, Internet, and other electronic media advertisements, transcripts of all radio and television advertisements, and the manner in which any of these will be used are subject to the prior written consent of COMPANY prior to use and shall be submitted to COMPANY for written approval prior to use. If COMPANY does not approve the activities, materials, media, or use in writing within ten (10) days, the activity, material, media, and use will be deemed disapproved. Likewise, all marketing vendors or service providers for FRANCHISEE must be approved in writing by COMPANY prior to being retained by FRANCHISEE.
- (c) FRANCHISEE may conduct individual email communications without first obtaining company's written approval, but the contents of such communications must comply with requirements and restrictions contained in the Operations Manual. In addition, FRANCHISEE must obtain company's prior written approval for any and all email addresses other than the email address assigned to FRANCHISEE by company. FRANCHISEE may not obtain (800), (888), or similar toll free telephone numbers or use any email address containing the words "BBF," "Brain Balance®," or "Brain Balance Program®" as part of the telephone number or address, except as may be set forth in the Operations Manual.
- (d) FRANCHISEE shall not maintain an independent website. COMPANY shall include information about FRANCHISEE's Center on the System Web site, FRANCHISEE agrees to provide the information and materials that COMPANY periodically requests concerning FRANCHISEE's Center and otherwise participate in the System Web site in the manner that COMPANY periodically specifies.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, franchisees must adhere to specific operational standards when conducting business under the Brain Balance marks. These standards are designed to maintain uniformity and protect the brand's reputation. Franchisees are required to use the words "Brain Balance®" as part of their trade or business name in the exact manner and style directed by Brain Balance. Any changes to the use of the marks must comply with Brain Balance's directions. Additionally, franchisees must obtain prior written approval from Brain Balance for all content used on the franchisee's link to Brain Balance's website. These stipulations ensure that the brand's identity is consistent across all franchise locations and online platforms.
Brain Balance franchisees must also ensure that the appearance of the Brain Balance name and logo on all materials, including stationery, signs, advertising, and electronic media, complies with Brain Balance's written instructions. The Brain Balance name and marks can only be used in connection with the operation of a Brain Balance Center as specifically permitted by the franchise agreement. All permanent staff must execute a Confidentiality, Non-Solicitation, and Non-Compete Agreement, as outlined in the Operations Manual. Furthermore, the franchisee or its principal must satisfactorily complete the Initial Training Program. These measures are in place to protect Brain Balance's trade secrets and ensure that franchisees and their staff are adequately trained.
The operational standards also extend to the physical aspects of the Brain Balance center and its materials. The proposed center location, relocation, center layout, office equipment, and all printed matter used in the operation of the franchised business are subject to Brain Balance's prior written consent and must comply with the Operations Manual. This includes assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials. Similarly, all advertising and promotional matter, whether printed or digital, including internet and electronic media advertisements, must be submitted to Brain Balance for written approval prior to use. If Brain Balance does not approve these materials within ten days, they are deemed disapproved. These requirements ensure that the center's appearance and marketing efforts align with Brain Balance's standards and brand image.
In addition to these specific requirements, Brain Balance franchisees must operate their franchised business in a lawful and ethical manner, as specified in the Operations Manual. Franchisees are required to obtain all necessary permits and business licenses required by law for their center location. They must also devote their full time and efforts to the promotion and success of the franchised business and must not operate any other business without Brain Balance's consent. Franchisees are prohibited from harming, misusing, or bringing into disrepute the Brain Balance name or marks. These general obligations underscore the importance of maintaining a high standard of conduct and commitment to the Brain Balance brand.