Who is responsible for providing maintenance on the Access Link(s) for Brain Balance franchisees?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.02. FRANCHISEE agrees to obtain COMPANY's prior written approval for all content used by FRANCHISEE on FRANCHISEE's link to COMPANY's Web site.
3. TERRITORY
- (c) COMPANY will provide FRANCHISEE with methods for development of the Franchised Business, including marketing and methods to obtain clients, client assessments, and training new personnel in core Brain Balance Program® operations.
- (d) COMPANY will maintain a System Website and shall maintain information specific to FRANCHISEE's Franchised Business on that System Website. COMPANY may implement and periodically modify standards relating to the System Website and, at COMPANY's option, may change the System Website, or any services offered through the System Web site, at any time. COMPANY shall own all intellectual property related to all data that flows through the System Website.
- (e) COMPANY, at reasonable times, will consult with FRANCHISEE and offer guidance with respect to the operation of the Franchised Business, both by telephone and at FRANCHISEE's Center.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Brain Balance franchisees are responsible for obtaining the franchisor's prior written approval for all content used on the franchisee's link to the company's website.
Brain Balance maintains a System Website and includes information specific to the franchisee's franchised business on that System Website. The franchisor may implement and periodically modify standards relating to the System Website and, at the company's option, may change the System Website or any services offered through the System Website, at any time. Brain Balance owns all intellectual property related to all data that flows through the System Website.
While the franchisee is responsible for the content they provide for their link on the Brain Balance website, the franchisor retains control over the System Website's overall maintenance and standards. The franchisee must ensure their content is accurate, not misleading, and doesn't infringe on third-party rights. The franchisor has the discretion to modify or change the System Website and its services.