Who owns the intellectual property related to all data that flows through the Brain Balance System Website?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) COMPANY will maintain a System Website and shall maintain information specific to FRANCHISEE's Franchised Business on that System Website. COMPANY may implement and periodically modify standards relating to the System Website and, at COMPANY's option, may change the System Website, or any services offered through the System Web site, at any time. COMPANY shall own all intellectual property related to all data that flows through the System Website.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, the company owns all intellectual property related to data flowing through the System Website. This means that Brain Balance retains ownership and control over all data generated or transmitted through their website.
For a prospective franchisee, this clause has significant implications. While franchisees contribute information to the System Website about their specific center, Brain Balance ultimately owns the resulting data. Franchisees must provide information and materials about their center as requested by Brain Balance and participate in the System Website as directed by the company.
This arrangement is fairly common in franchising, where the franchisor seeks to maintain brand consistency and control over the customer experience. However, franchisees should be aware that they do not own the data generated through the System Website, which could impact their ability to leverage that data for independent marketing or business analysis purposes. Franchisees are allowed to maintain an independent social media presence, but not an independent website.