What does Brain Balance represent and warrant regarding its authority to grant the license to the Licensee?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
reement Signed | | | | | But Franchise Not | | | | | Opened | | |
FRANCHISE AGREEMENT
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WITNESSETH:
WHEREAS, COMPANY has expended time, effort, and money to develop a uniform and standardized system (the "System") for the operation of Brain Balance® Centers (the "Center(s)"), which offer the Brain Balance Program®, a non-medical method of assessment and program development for individuals with developmental delays resulting from neurological and physiological imbalances using certain technology (the "Licensed Technology") (the "Business"), under the trade names and service marks "Brain Balance Program®", "Brain Balance®" with logo, and Brain Balance®" " ("Brain Balance Program®", "Brain Balance®" with logo, and Brain Balance®", and such other trade names, trademarks, service names, logos, copyrights, and other service marks now or hereafter used by COMPANY in connection with the System are hereinafter referred to as the "Marks"); and
WHEREAS, COMPANY's System includes a business strategy utilizing training methods, methodology, protocols, Licensed Technology, promotional programs, uniform standards, a confidential Operations Manual (as hereinafter defined), and other information, items, and experience that benefit the operation of the Business; and
WHEREAS, FRANCHISEE acknowledges that the Business, operated in accordance with the System and utilizing the Marks has acquired distinctive and valuable goodwill among the public; and
WHEREAS, FRANCHISEE desires to enter into the Business, to be operated in accordance with the System and utilizing the Marks, all subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein contained, it is agreed:
1. GRANT OF FRANCHISE
1.01.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, Brain Balance represents that it has developed a standardized system for Brain Balance Centers, offering the Brain Balance Program. This program is described as a non-medical method of assessment and program development for individuals experiencing developmental delays due to neurological and physiological imbalances, utilizing specific technology. Brain Balance uses trade names and service marks such as "Brain Balance Program®" and "Brain Balance®" with logo.
Brain Balance's system includes a business strategy with training methods, methodology, protocols, licensed technology, promotional programs, uniform standards, and a confidential Operations Manual. This system is designed to benefit the operation of the Brain Balance business. The franchisee acknowledges that operating the business according to Brain Balance's system and using its marks has created valuable goodwill among the public.
Brain Balance grants the franchisee the right and license to use the Marks, Licensed Technology, and System to establish a single Brain Balance Center. The franchisee is authorized to operate the business within a specific territory, subject to the terms and conditions of the franchise agreement. The location of the Brain Balance Center must be approved in writing by Brain Balance, and this approval will not be unreasonably withheld. The franchise is specifically for operating a Brain Balance Center specializing in a non-medical program for children with developmental delays resulting from neurological and physiological imbalances.
The franchise agreement specifies that the franchisee does not have the right to engage in any business other than the Brain Balance Franchised Business, whether conducted within or outside the designated territory, or under the Brain Balance marks or any other name or mark. The 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 must obtain Brain Balance's prior written approval for all content used on the franchisee's link to Brain Balance's website.