What are the requirements for a Brain Balance franchisee regarding the appearance of the 'Brain Balance' marks on stationery and advertising?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
includes the words "Brain Balance®" or "Brain Balance Program®" followed by a suitable descriptive title and shall cooperate and execute all papers and documents reasonably required to effect the same.
- 10.14. FRANCHISEE shall not cause the name of any individual, employee, officer, or other person, with respect to any printed matter or advertising in any form, whether print, electronic media, or otherwise, in connection with the Business, (i) to appear without being accompanied by the words "Brain Balance®" or "Brain Balance Program®," (ii) to appear more than once, (iii) to be printed larger than one agate line in newspaper and magazine advertisements and two agate lines in other advertising or stationery (except on a business card), and (iv) to be printed larger or bolder than the words "Brain Balance®" or "Brain Balance Program.®"
- 10.15. FRANCHISEE shall not cause the words "Brain Balance®" or "Brain Balance Program®" to appear in any form, whether print, electronic media, or otherwise, on stationery, signs, advertising, electronic media, or otherwise, without complying with all COMPANY written instructions regarding appearance of the Marks.
- 10.16. FRANCHISEE shall not utilize the name "Brain Balance®," 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 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, franchisees must adhere to specific guidelines regarding the use of the "Brain Balance®" or "Brain Balance Program®" marks on any materials. Brain Balance requires franchisees to comply with all written instructions from the company concerning the appearance of these marks on stationery, signs, advertising, and electronic media. This ensures brand consistency across all franchise locations.
Furthermore, franchisees must obtain prior written consent from Brain Balance for their proposed center location, layout, office equipment, and all printed matter used in their business. This includes assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials. Similarly, all advertising and promotional materials, whether printed or digital, including internet and electronic media advertisements, and radio and television advertisement transcripts, require prior written approval from Brain Balance. If Brain Balance does not provide written approval within ten days, the activity, material, media, or use is considered disapproved.
In addition to these requirements, franchisees cannot use the Brain Balance name or marks for any purpose other than operating a Brain Balance Center as specifically permitted by the franchise agreement. When including the name of any individual, employee, or officer in printed or advertising materials, it must be accompanied by the words "Brain Balance®" or "Brain Balance Program®." The individual's name cannot appear more than once, and its font size is restricted to one agate line in newspaper and magazine ads, and two agate lines in other advertising or stationery (except on business cards). The individual's name also cannot be printed larger or bolder than the "Brain Balance®" or "Brain Balance Program®" marks.
These stipulations are typical in franchising, as they allow Brain Balance to maintain control over its brand image and ensure consistent messaging across all franchise locations. Prospective franchisees should carefully review the Operations Manual and seek clarification from Brain Balance on any specific requirements or restrictions related to the use of the Brain Balance marks in their advertising and promotional materials.