Who is responsible for installing upgrades to the Brain Balance software?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
4. Maintenance and Support Standards.
- (a) During the Term of this Agreement, Licensee shall operate the Software in all material respects in accordance with the Software Materials.
- (b) Licensee shall observe the following standards during the term of this Agreement:
- (i) pursuant to request by Licensor, arrange access to its premises and/or system and make its hardware accessible to Licensor's support personnel and other designated representatives, and enable logons/passwords for such persons as necessary or appropriate for Licensor's performance under this Agreement;
- (ii) Provide remote access to the Software at all times as reasonably necessary or appropriate for Licensor's performance under this Agreement;
- (iii) Install, or permit Licensor to install, Upgrades to the Software from time-to-time;
- (iv) When Upgrades or Update Releases are provided and the Licensee has requested assistance, provide a reasonable level of assistance to Licensor in implementation and testing of the same;
- (v) Provide Licensor with notice of its intention to change any Hardware, operating system or data-feeds that would affect the Software;
- (vi) Provide other reasonable assistance as Licensor may request, including, but not limited to, providing sample output and other diagnostic information as may be required by Licensor for maintenance.
Source: Item 23 — RECEIPTS (FDD pages 72–292)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, the franchisee (referred to as Licensee) is responsible for installing software upgrades, or they can permit Brain Balance (referred to as Licensor) to install them. Specifically, the franchisee must "Install, or permit Licensor to install, Upgrades to the Software from time-to-time".
This means a Brain Balance franchisee has the option of either performing the software upgrades themselves or allowing Brain Balance's technical personnel to handle the installation. If the franchisee chooses to install the upgrades, they may request assistance from Brain Balance during implementation and testing. In that case, the franchisee is expected to provide a reasonable level of assistance to Brain Balance.
It's also important to note that the franchisee is required to provide Brain Balance with notice of any planned changes to their hardware, operating system, or data feeds that could affect the software. Additionally, the franchisee must offer other reasonable assistance as requested by Brain Balance, such as providing sample output and diagnostic information needed for maintenance. This collaborative approach ensures that software upgrades and maintenance are performed effectively, minimizing disruptions and optimizing the performance of the Brain Balance center's systems.