Does Brain Balance reserve the right to direct a termination in the use of any of the Marks?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.01. FRANCHISEE is granted the right to use, and FRANCHISEE agrees to use, the words "Brain Balance®" as part of its trade or business name, in the exact manner and style set forth on Schedule I (the "Business Name") and as directed by COMPANY. COMPANY reserves the right to direct a change in the manner of use of the Marks by FRANCHISEE, and FRANCHISEE agrees to comply with such directions. FRANCHISEE shall not use the Marks as part of its corporate or limited liability company name without the prior written consent of COMPANY.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, Brain Balance retains the right to direct changes in how franchisees use its trademarks. Specifically, Brain Balance can instruct a franchisee to alter the manner in which they use the Marks, and the franchisee must comply with these directions. The franchisee cannot use the Marks as part of their corporate or limited liability company name without prior written consent from Brain Balance.
This provision gives Brain Balance significant control over its brand's image and representation. It allows Brain Balance to ensure uniformity and consistency across all franchise locations, which is a common practice in franchising. This control extends to various aspects of the business, including stationery, signs, advertising, and electronic media, all of which must adhere to Brain Balance's written instructions regarding the appearance of the Marks.
Furthermore, franchisees are prohibited from using the Brain Balance name or Marks in connection with any purpose or service other than the operation of a Brain Balance Center, unless specifically permitted by the franchise agreement. This restriction is designed to protect the brand's reputation and prevent franchisees from engaging in activities that could dilute or damage the brand. Upon termination of the franchise agreement, the franchisee must cease using the Brain Balance names and Marks altogether.
These stipulations highlight the importance of adhering to Brain Balance's brand standards and guidelines. A prospective franchisee should carefully review the Operations Manual and seek clarification on any aspects of brand usage that are unclear. Compliance with these requirements is essential for maintaining a consistent brand image and avoiding potential conflicts with Brain Balance.