What section of the Brain Balance franchise agreement discusses the franchisee's obligations?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
10. ADDITIONAL OBLIGATIONS OF FRANCHISEE
10.01. FRANCHISEE shall faithfully abide by the terms of this Agreement and devote his/her full time and efforts to the promotion and success of the Franchised Business. In the event, following the opening of the Franchised Business, FRANCHISEE desires to operate a business other than the Franchised Business, FRANCHISEE agrees to obtain COMPANY's consent prior to taking any steps in connection with such proposed business, which consent may be refused for any reason or no reason.
10.02. FRANCHISEE shall not harm, misuse, or bring into disrepute the name or character of "BBF," "Brain Balance®," "Brain Balance Program®," or the Marks or any other trade name, trademark, service mark, service name, logo, or copyright of COMPANY or COMPANY's business or the business of any franchisee of COMPANY.
10.03. FRANCHISEE shall operate the Franchised Business from a self-contained space located in a retail building within the Territory in accordance with the terms and intent of this Agreement in a lawful and ethical manner as specified by COMPANY in its Operations Manual. FRANCHISEE shall obtain all permits and business licenses required by law for its Center location and shall comply with all premises regulatory requirements. FRANCHISEE shall obtain prior written approval from COMPANY of the lease, sign the lease within 120 days of the execution of this Agreement, and provide a copy of the executed lease to COMPANY within ten (10) days of its execution. The lease shall contain provisions that permit assignment to COMPANY and expressly provide that there are no obligations imposed on or granted against COMPANY. FRANCHISEE shall open the Center within nine (9) months of the date of this Agreement.
10.04. FRANCHISEE shall pay on a timely basis all of its bills and obligations; federal, state, and local and other expenses; and all taxes of the Franchised Business. FRANCHISEE shall not create or incur any expenses chargeable to COMPANY without COMPANY's prior written approval.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, section 10, titled 'ADDITIONAL OBLIGATIONS OF FRANCHISEE,' outlines the franchisee's responsibilities under the franchise agreement. This section covers various aspects of operating the Brain Balance franchise.
Specifically, franchisees must adhere to the agreement's terms and dedicate their full time and effort to promoting the success of the franchised business. If a franchisee wishes to operate another business after opening their Brain Balance center, they must obtain the company's consent, which Brain Balance can refuse for any reason. Franchisees are also prohibited from harming or misusing the Brain Balance brand or any of its trademarks.
Furthermore, franchisees must operate the business from an approved location within their territory, following all applicable laws and ethical standards outlined in the Operations Manual. This includes securing necessary permits and licenses, obtaining Brain Balance's approval for the lease, and opening the center within nine months of signing the agreement. Franchisees are also responsible for paying all bills, obligations, expenses, and taxes related to the business in a timely manner and cannot incur expenses chargeable to Brain Balance without prior written approval.