What right does Brain Balance have if a franchisee denies them the right to inspect the center?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
20.02. FRANCHISEE acknowledges that its franchise is one of a number of Brain Balance® Centers using COMPANY's service marks and style of conduct and that the failure on the part of FRANCHISEE to comply with any of the terms of this Agreement could cause irreparable damage to some or all of the other offices franchised or operated by COMPANY and to COMPANY's business. Therefore, and notwithstanding the provisions contained in Paragraph 20.01 above, FRANCHISEE agrees that upon the happening of any Non-Curable Default or Event of Default set forth in Section 17.01 or 17.02, or in the event of a threatened breach by FRANCHISEE of any of the terms of this Agreement, COMPANY shall have the immediate right to secure a court order enjoining any such default or threatened breach. If this Agreement shall have been terminated, FRANCHISEE may be enjoined from any continued operation of any Center franchised under this Agreement and/or the Franchised Business. This covenant shall be independent and severable and shall be enforceable notwithstanding any other rights or remedies that either party may have.
20.03. Each right or remedy granted to COMPANY by this Agreement is cumulative of all other rights or remedies given by this Agreement or by law or equity.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, if a Brain Balance franchisee fails to comply with the terms of the franchise agreement, potentially including denying inspection rights, Brain Balance has several options. Brain Balance can seek a court order to enforce compliance with the agreement. This means Brain Balance can ask a court to legally compel the franchisee to allow inspections or cease any actions that violate the agreement.
Additionally, Brain Balance's rights and remedies are cumulative, meaning that each right or remedy Brain Balance has is in addition to any other rights or remedies available in the agreement, by law, or in equity. This allows Brain Balance to pursue multiple avenues of recourse simultaneously if a franchisee is in default or threatens a breach of contract.
It is important to note that the FDD excerpts provided do not specifically mention the denial of inspection rights as a specific cause for legal action. A prospective franchisee should review the franchise agreement carefully and seek clarification from Brain Balance regarding the specific consequences of denying an inspection, as well as consult with a legal professional to fully understand their rights and obligations.