Does Brain Balance have ownership and proprietary rights in and to the Marks, Licensed Technology, and protocols used in connection with the Brain Balance franchise?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
reement Signed | | | | | But Franchise Not | | | | | Opened | | |
FRANCHISE AGREEMENT
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WITNESSETH:
WHEREAS, COMPANY has expended time, effort, and money to develop a uniform and standardized system (the "System") for the operation of Brain Balance® Centers (the "Center(s)"), which offer the Brain Balance Program®, a non-medical method of assessment and program development for individuals with developmental delays resulting from neurological and physiological imbalances using certain technology (the "Licensed Technology") (the "Business"), under the trade names and service marks "Brain Balance Program®", "Brain Balance®" with logo, and Brain Balance®" " ("Brain Balance Program®", "Brain Balance®" with logo, and Brain Balance®", and such other trade names, trademarks, service names, logos, copyrights, and other service marks now or hereafter used by COMPANY in connection with the System are hereinafter referred to as the "Marks"); and
WHEREAS, COMPANY's System includes a business strategy utilizing training methods, methodology, protocols, Licensed Technology, promotional programs, uniform standards, a confidential Operations Manual (as hereinafter defined), and other information, items, and experience that benefit the operation of the Business; and
WHEREAS, FRANCHISEE acknowledges that the Business, operated in accordance with the System and utilizing the Marks has acquired distinctive and valuable goodwill among the public; and
WHEREAS, FRANCHISEE desires to enter into the Business, to be operated in accordance with the System and utilizing the Marks, all subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein contained, it is agreed:
1. GRANT OF FRANCHISE
1.01.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, Brain Balance has expended time, effort, and money to develop a uniform and standardized system for the operation of Brain Balance Centers. This system includes the Brain Balance Program, a non-medical method utilizing certain technology referred to as the "Licensed Technology." The trade names and service marks, including "Brain Balance Program®", "Brain Balance®" with logo, and Brain Balance®, along with other trademarks and logos used by Brain Balance, are referred to as the "Marks".
The Brain Balance system incorporates a business strategy with training methods, methodology, protocols, Licensed Technology, promotional programs, uniform standards, and a confidential Operations Manual. Franchisees acknowledge that operating the business in accordance with the Brain Balance system and utilizing the Marks has acquired valuable goodwill among the public.
Brain Balance grants franchisees the right to use the Marks, Licensed Technology, and System to establish and operate a Brain Balance Center. However, franchisees must adhere to Brain Balance's written instructions regarding the appearance of the Marks and cannot use the Brain Balance name or Marks for any purpose other than operating a Brain Balance Center as permitted by the franchise agreement. This indicates that Brain Balance maintains control over its intellectual property and brand identity, while granting franchisees a limited license to use these assets within the scope of the franchise agreement.