Who is required to enter into a Confidentiality and Non-Compete Agreement for a Brain Balance franchise?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
lance®," or "Brain Balance Program®," or any of the Marks in connection with any purpose or service other than the operation of a Brain Balance® Center to the extent specifically permitted hereunder.
- 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.
- (b) FRANCHISEE or its principal must have satisfactorily completed the Initial Training Program.
- 10.18.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISED BUSINESS (FDD page 53)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, all permanent staff of a franchised Brain Balance business must execute a Confidentiality, Non-Solicitation, and Non-Compete Agreement. This agreement is outlined in Exhibit 3 and detailed in the Operations Manual. The franchisee is responsible for ensuring that all permanent staff members comply with this requirement.
Additionally, all employees, including the Center Director and Program Director, and all officers and directors or members who are not franchisees, are required to execute a Confidentiality Agreement as provided in the Operations Manual. A signed copy of this agreement must be kept in a secure location at the Brain Balance center and provided to the franchisor upon request. The current form for this agreement is attached as Exhibit 3.
These measures are in place to protect Brain Balance's trade secrets, proprietary information, and confidential knowledge. The franchisor retains the right to data ownership for everything related to the Brain Balance systems and operations, emphasizing the importance of maintaining confidentiality and preventing the dissemination of sensitive information. These requirements are typical in franchising to protect the brand's intellectual property and operational methods.