For what purposes is a Brain Balance franchisee permitted to use the 'Brain Balance' name or marks?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
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COMPANY, which approval shall not be unreasonably withheld (the "Franchise"). The operation of the Business pursuant to the Franchise is hereinafter referred to as the "Franchised Business."
- 1.02. The Franchise granted herein is for the operation of a Brain Balance® Center franchise under the trade names and service marks "Brain Balance Program®" and "Brain Balance®" with logo, which shall specialize in a non-medical program designed to help children with developmental delays resulting from neurological and physiological imbalances.
- 1.03. The Franchise granted herein does not grant FRANCHISEE the right to engage in any business other than the Franchised Business, whether said business is conducted within or without the Territory or under the Marks or under any other name or mark.
2. USE OF NAME
- 2.01. FRANCHISEE is granted the right to use, and FRANCHISEE agrees to use, the words "Brain Balance®" as part of its trade or business name, in the exact manner and style set forth on Schedule I (the "Business Name") and as directed by COMPANY. COMPANY reserves the right to direct a change in the manner of use of the Marks by FRANCHISEE, and FRANCHISEE agrees to comply with such directions. FRANCHISEE shall not use the Marks as part of its corporate or limited liability company name without the prior written consent of COMPANY.
- 2.02. FRANCHISEE agrees to obtain COMPANY's prior written approval for all content used by FRANCHISEE on FRANCHISEE's link to COMPANY's Web site.
3. TERRITORY
- 3.01. FRANCHISEE is granted an exclusive right to establish a single location for the Franchised Business in the city, town, or village identified on Schedule I that is located within the Territory. FRANCHISEE may not without COMPANY's prior written consent relocate its Center or open additional centers for the Franchised Business within the Territory.
- 3.02. COMPANY agrees that throughout the term of this Agreement and provided that FRANCHISEE is not in default hereunder, COMPANY will neither operate nor franchise others to operate a Brain Balance® Center within the Territory, or within a designated radius of FRANCHISEE'S Brain Balance® Center. FRANCHISEE acknowledges that COMPANY may market to clients located inside of the Territory or advertise inside of the Territory.
- 3.03. FRANCHISEE acknowledges that the Franchise granted hereunder is limited to the establishment and operation of the Franchised Business in a single location within the Territory.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, a franchisee is granted the right to use the words "Brain Balance®" as part of its trade or business name, in the exact manner and style directed by Brain Balance. However, the franchisee cannot use the marks as part of its corporate or limited liability company name without prior written consent from Brain Balance. The franchise is specifically for operating a Brain Balance® Center franchise specializing in a non-medical program designed to help children with developmental delays resulting from neurological and physiological imbalances. The franchisee is not allowed to engage in any business other than the Franchised Business, whether conducted within or outside the Territory, or under the Marks or any other name or mark.
Brain Balance requires franchisees to comply with all written instructions regarding the appearance of the Marks in any form, including print and electronic media. Franchisees cannot use the Brain Balance name or marks for any purpose or service other than the operation of a Brain Balance® Center, unless specifically permitted in the franchise agreement.
Furthermore, all advertising and promotional materials, whether printed or digital, including internet and electronic media advertisements, must receive prior written consent from Brain Balance before use. If Brain Balance does not provide written approval within ten days, the use is considered disapproved. This extends to the franchisee's website, where all content used by the franchisee on their link to Brain Balance's website requires prior written approval. These restrictions are typical in franchising to maintain brand consistency and protect the franchisor's trademarks.