Does Brain Balance require written consent from the licensor to make copies of the software?

According to the 2025 Brain Balance Franchise Disclosure Document, franchisees are restricted from making copies of the software or software materials without prior written consent from the licensor. This consent can be given or withheld at the licensor's discretion. This restriction applies to any component of the software and any software materials, regardless of the intended purpose of the copy.

This requirement means that a Brain Balance franchisee must seek and obtain explicit permission from Brain Balance before making any copies of the software used in their center. This includes, but is not limited to, copying the software for backup purposes, installing it on multiple computers (if not already covered by the license), or using it for development or testing. The franchisee bears the responsibility of ensuring compliance with this provision to avoid potential breaches of the franchise agreement.

The FDD also states that the licensee cannot remove any trademarks, proprietary legends, or copyright notices from the software or software materials. They are also prohibited from reproducing, publishing, selling, modifying, distributing, preparing derivative programs, or licensing the software or software materials in any manner. These restrictions are typical in franchise agreements that involve proprietary software to protect the franchisor's intellectual property rights and maintain control over the software's use and distribution.

Failure to comply with these software restrictions could lead to a breach of the franchise agreement, potentially resulting in penalties, termination of the agreement, or legal action. Therefore, it is crucial for prospective Brain Balance franchisees to fully understand these terms and ensure they have a system in place to manage and control software usage within their center in accordance with the franchise agreement.