Does Brain Balance specify how the Franchised Business should be kept open and in normal operation?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
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.
- 10.05.
14. OPERATION OF BUSINESS
- 14.05. FRANCHISEE shall at all times prominently display signage approved by COMPANY to indicate that FRANCHISEE's Center is an independently owned and operated location within the Brain Balance Achievement Center system.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, franchisees must operate their Brain Balance center according to the franchise agreement, in a lawful and ethical manner, and as specified in the Operations Manual. The franchisee needs to operate from a retail building within their designated territory. They must also secure all necessary permits and business licenses required by law for their specific location and comply with all regulatory requirements for the premises.
Prior to opening, the franchisee must obtain Brain Balance's written approval for the lease, finalize the lease within 120 days of the franchise agreement's execution, and provide a copy of the executed lease to Brain Balance within ten days of its execution. The lease terms must allow assignment to Brain Balance and ensure no obligations are imposed on Brain Balance. The franchisee is expected to open the center within nine months from the date of the franchise agreement.
Furthermore, the franchisee is expected to devote their full-time efforts to promoting the success of the Brain Balance franchised business. If the franchisee wishes to operate another business after opening their Brain Balance center, they must first obtain consent from Brain Balance, which may be refused for any reason. The franchisee must also pay all bills, obligations, and taxes related to the franchised business on time and cannot incur expenses chargeable to Brain Balance without prior written approval. The franchisee must prominently display signage approved by Brain Balance to indicate that the center is an independently owned and operated location within the Brain Balance Achievement Center system.