Does Brain Balance own any patents or copyright registrations that are material to the Franchised Business?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
ctly or indirectly contest our right to our trademarks, trade secrets, or business techniques.
ITEM 14 PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION
BBF does not own any rights in or to any patents or copyright registrations that are material to the Franchised Business. We claim copyright protection for our printed literature, Software, including our proprietary Eyelearn and Eyelisten technologies, and our Operations Manual.
Confidential Operating Manual
Your Franchised Business must be operated in accordance with the standards, methods, policies, and procedures specified in our Operations Manual ("Operations Manual"). We will make the Operations Manual available to you via download for the term of your Franchise Agreement and any extension thereof. BBF reserves the right to revise the Operations Manual to reflect new developments and approaches in clinical research, sales, marketing, operational techniques, and other procedures relevant to the Franchised Business. You must comply with any such revisions, but revisions to the Operations Manual will not unreasonably affect your obligations, including economic requirements, under the Franchise Agreement. The Operations Manual must remain current at all times. In the event of any dispute regarding the contents of the Operations Manual, the information in the master copy maintained by BBF at our home office will be controlling.
The information contained in the Operations Manual, and in any other document created for use in the operation of your Franchised Business is confidential, and you must use reasonable efforts to maintain this information as secret and confidential and must not disclose, copy, duplicate, record, or otherwise reproduce the Operations Manual, in whole or in part, or otherwise make it available to an unauthorized third party. The Operations Manual will remain our property and must be kept in a secure place in your Center.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 51–53)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, Brain Balance does not own any patents or copyright registrations that are material to the franchised business. However, Brain Balance claims copyright protection for its printed literature, software (including Eyelearn and Eyelisten technologies), and its Operations Manual.
The Brain Balance Franchise Agreement requires franchisees to operate their franchised business according to the standards, methods, policies, and procedures outlined in the Operations Manual. This manual is provided to franchisees via download for the duration of their Franchise Agreement, including any extensions. Brain Balance retains the right to revise the Operations Manual to reflect new developments in clinical research, sales, marketing, operational techniques, and other procedures relevant to the franchised business. Franchisees are obligated to comply with these revisions, provided they do not unreasonably affect their obligations, including economic requirements, under the Franchise Agreement.
The Operations Manual and any other documents created for use in the operation of the franchised Brain Balance business contain confidential information. Franchisees must use reasonable efforts to maintain this information as secret and confidential, and they are prohibited from disclosing, copying, duplicating, recording, or otherwise reproducing the Operations Manual, in whole or in part, or making it available to unauthorized third parties. The Operations Manual remains the property of Brain Balance and must be kept in a secure place within the franchisee's center.
Brain Balance also retains the right to data ownership for everything related to the Brain Balance systems and operations. All employees, including the Center Director and Program Director, if any, and all officers and directors or members who are not Franchisees, are required to execute a Confidentiality Agreement as provided in the Operations Manual. A signed copy must be filed in a secure location in the franchisee's center and provided to Brain Balance if requested.