Are all permanent staff of a Brain Balance franchised business required to execute a Confidentiality, Non-Solicitation, and Non-Compete Agreement?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, all permanent staff of a Brain Balance franchised business are required to execute a Confidentiality, Non-Solicitation, and Non-Compete Agreement. This agreement is detailed in Exhibit 3 and further explained in the Operations Manual. The franchisee is responsible for ensuring that all permanent staff members complete this agreement.
This requirement protects Brain Balance's trade secrets and confidential information. By having all permanent staff sign this agreement, Brain Balance aims to prevent the unauthorized disclosure of proprietary information, solicitation of employees or customers, and competition with the franchised business during and after their employment.
For a prospective franchisee, this means they must incorporate the execution of this agreement into their onboarding process for all permanent staff. The franchisee must also understand and comply with the stipulations outlined in the Operations Manual regarding the enforcement and protection of trade secrets and confidential information. This obligation extends beyond the term of the Franchise Agreement, ensuring long-term protection for Brain Balance's interests.