Does Brain Balance represent that the franchisee's use of the Marks will not infringe upon the rights of any other person?

The 2025 Brain Balance Franchise Disclosure Document does not explicitly state that the franchisee's use of the Brain Balance marks will not infringe upon the rights of another person. However, it does state that when a franchisee posts or submits information or materials for the System Web site, the franchisee is representing that the information and materials are accurate and not misleading and do not infringe upon any third party's rights. This implies that Brain Balance expects franchisees to ensure their content does not violate others' rights.

Additionally, the agreement outlines the specific uses of the Brain Balance marks that are permitted and requires franchisee compliance with brand standards. Franchisees must obtain prior written consent from Brain Balance for advertising and promotional materials. This control helps Brain Balance maintain brand consistency and potentially mitigate trademark infringement risks.

While Brain Balance doesn't make a direct guarantee against infringement, the FDD emphasizes franchisee responsibility for the accuracy and legality of their content and requires adherence to company guidelines for using the Brain Balance marks. A prospective franchisee should seek clarification from Brain Balance regarding trademark protection and any prior infringement issues related to the marks.