What are the restrictions on using Licensee Materials in connection with the Software or Software Materials for a Brain Balance franchise?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
e 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. (a) FRANCHISEE's proposed Center location, relocation, center layout, office equipment, all printed matter used in the operation of the Franchised Business, including without limitation, assessment tools, tests, evaluation forms, stationery, signage, application forms, business cards, invoices, statements, and other materials, and the manner in which any and of these will be used are subject to the prior written consent of COMPANY and must comply with the Operations Manual.
- (b) All advertising and promotional matter, whether printed or digital material, including without limitation, Internet, and other electronic media advertisements, transcripts of all radio and television advertisements, and the manner in which any of these will be used are subject to the prior written consent of COMPANY prior to use and shall be submitted to COMPANY for written approval prior to use. If COMPANY does not approve the activities, materials, media, or use in writing within ten (10) days, the activity, material, media, and use will be deemed disapproved. Likewise, all marketing vendors or service providers for FRANCHISEE must be approved in writing by COMPANY prior to being retained by FRANCHISEE.
- (c) FRANCHISEE may conduct individual email communications without first obtaining company's written approval, but the contents of such communications must comply with requirements and restrictions contained in the Operations Manual. In addition, FRANCHISEE must obtain company's prior written approval for any and all email addresses other than the email address assigned to FRANCHISEE by company. FRANCHISEE may not obtain (800), (888), or similar toll free telephone numbers or use any email address containing the words "BBF," "Brain Balance®," or "Brain Balance Program®" as part of the telephone number or address, except as may be set forth in the Operations Manual.
- (d) FRANCHISEE shall not maintain an independent website. COMPANY shall include information about FRANCHISEE's Center on the System Web site, FRANCHISEE agrees to provide the information and materials that COMPANY periodically requests concerning FRANCHISEE's Center and otherwise participate in the System Web site in the manner that COMPANY periodically specifies. By posting or submitting information or materials for the System Web site, FRANCHISEE is representing that the information and materials are accurate and not misleading and do not infringe upon any third party's rights.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, franchisees face several restrictions regarding the use of the Brain Balance name, marks, and materials, especially in conjunction with software and online presence. A Brain Balance franchisee cannot use the words "Brain Balance®" or "Brain Balance Program®" on any materials without adhering to the specific written instructions provided by Brain Balance. Furthermore, the franchisee is prohibited from using the Brain Balance name or marks for any purpose other than operating a Brain Balance Center as explicitly permitted by the franchise agreement. This includes ensuring that all advertising and promotional materials, whether printed or digital, receive prior written consent from Brain Balance, with a disapproval timeframe of ten days if no response is received.
In terms of online presence and digital communications, Brain Balance franchisees are restricted in several ways. While franchisees can engage in individual email communications without prior approval, the content must align with the requirements outlined in the Operations Manual. Any email addresses used, other than those assigned by Brain Balance, require the company's prior written approval. Franchisees are also barred from obtaining toll-free numbers or using email addresses that include "BBF," "Brain Balance®," or "Brain Balance Program®," unless explicitly permitted in the Operations Manual. Most notably, franchisees are not allowed to maintain an independent website; instead, Brain Balance includes information about the franchisee's center on the System Web site.
However, Brain Balance franchisees are permitted to maintain an independent social media presence on platforms like Facebook, Instagram, and Twitter. This allows franchisees some flexibility in local marketing and community engagement, provided they adhere to the overarching brand standards and guidelines set by Brain Balance. These restrictions collectively ensure brand consistency and quality control across all Brain Balance franchise locations, while also providing some avenues for franchisees to connect with their local communities through approved channels.