Who has the sole discretion to upgrade and modify the Brain Balance software during the term of the agreement?

According to Brain Balance's 2025 Franchise Disclosure Document, Brain Balance has the discretion to provide franchisees with modifications, additions, and deletions to the software used in the franchised business. This means that Brain Balance retains control over the software and can make changes as it sees fit.

For a potential franchisee, this implies that they will need to use the software as directed by Brain Balance and will not have the ability to customize or alter it themselves. While Brain Balance may offer guidance and consultation, the ultimate decision on software modifications rests with them.

This is a fairly standard practice in franchising, where franchisors maintain control over key systems and technologies to ensure brand consistency and operational standards across all locations. Franchisees should ensure they are comfortable with this arrangement and understand the implications for their day-to-day operations.