What standard practices and image must a Brain Balance franchisee maintain?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
gulations of the state and locality in which it is located.
- 10.11. FRANCHISEE shall keep the Franchised Business open and in normal operation as BBF may specify in the Manual or otherwise in writing. FRANCHISEE shall maintain, at all times, a full-time staff of no less than a Center Director and a Program Director, and an appropriate number of Program Coaches, who may be part-time, as required to deliver the services as we require. In addition, if FRANCHISEE does not contract with a Call Center, FRANCHISEE must engage the services of a full-time employee whose sole responsibility will be to respond to inbound inquiries for Program services. At the discretion of COMPANY, FRANCHISEE may work in the Center in one of the above positions but if they do not they must appropriately train individuals to fill each role. After Soft Opening, FRANCHISEE shall be responsible, at their own expense, for training any new staff who are engaged to work at FRANCHISEE's Center. FRANCHISEE must send a new Center Director or Program Director to the next regularly scheduled Initial Training session for which FRANCHISEE will be charged $300.
- 10.12. FRANCHISEE, shall not sell any assets other than in the ordinary course of business or, if a corporation, shall not merge or consolidate with another entity, reorganize, or amend its corporate charter nor shall it permit its officers, directors, shareholders, or members to assign or transfer shares of stock, except in strict accordance with the provisions of this Agreement.
- 10.13. FRANCHISEE shall, if requested by COMPANY, consent to the incorporation of, or the filing of a trade name certificate by other franchisees, where the corporate or trade name includes the words "Brain Balance®" or "Brain Balance Program®" followed by a suitable descriptive title and shall cooperate and execute all papers and documents reasonably required to effect the same.
- 10.14. FRANCHISEE shall not cause the name of any individual, employee, officer, or other person, with respect to any printed matter or advertising in any form, whether print, electronic media, or otherwise, in connection with the Business, (i) to appear without being accompanied by the words "Brain Balance®" or "Brain Balance Program®," (ii) to appear more than once, (iii) to be printed larger than one agate line in newspaper and magazine 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. COMPANY or one or more of our designees may establish a website or series of websites to
advertise, market and promote Brain Balance® Centers, the Brain Balance Program® and associated products and services, to advertise franchise opportunities, to deliver Brain Balance Program® content and support, and/or for any other purposes that COMPANY determines are appropriate (collectively, the "System Web site").
- FRANCHISEE may maintain an independent social media (e) presence, including the use of Facebook, Instagram, Twitter, and other services. FRANCHISEE agrees to submit to COMPANY for its approval before use all content, including but not limited to proposed social media usernames, account designations, avatars, background images, posts, or other materials associated with such accounts or sites. COMPANY has the right to require FRANCHISEE to associate its social media accounts with COMPANY's Web site or COMPANYcontrolled social media pages or accounts. FRANCHISEE is required to obtain prior written consent from COMPANY before opening any social media account using the Marks or any version or abbreviation of the Marks. FRANCHISEE agrees to submit to COMPANY for its approval before use all content, including but not limited to proposed social media usernames, account designations, avatars, background images, posts, or other materials associated with such accounts or sites. COMPANY has the right to require FRANCHISEE to associate its social media accounts with COMPANY's Web site or COMPANY-controlled social media pages or accounts. FRANCHISEE may be required to provide COMPANY with ownership and/or login rights to any social media account using the Marks or any version or abbreviation thereof. FRANCHISEE understands and acknowledges that such accounts shall remain the property of the COMPANY upon termination or expiration of this Agreement. FRANCHISEE may be required to pay any and all costs associated with the creation and maintenance of its social media presence. If FRANCHISEE wishes to modify or social media presence, all proposed modifications, other than job and staff listings, must be approved in writing by COMPANY before use.
- (f) FRANCHISEE shall purchase or lease and maintain for use in the Franchised Business such computer equipment and communication software as is specified by COMPANY (presently a Windows PC or Mac OS computer or tablet with Wi-Fi or Ethernet connectivity; and a Web Browser in its most recent stable version (Google Chrome or Mozilla Firefox). FRANCHISEE shall have equipment with access to the Internet with a minimum speed of 5 MB per second or as set forth in the Operations Manual. FRANCHISEE agrees to execute the Application License Agreement, which includes support, maintenance, and enhancement provisions in connection with the customized software ("Software") that COMPANY makes available to FRANCHISEE for use either in data base management or transmission of client statistical data.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, franchisees must adhere to specific operational standards and maintain a consistent brand image. Brain Balance requires franchisees to maintain a full-time staff, including a Center Director, a Program Director, and an appropriate number of Program Coaches. If a franchisee does not contract with a call center, they must employ a full-time employee to handle inbound inquiries. The franchisee must ensure that all permanent staff execute a Confidentiality, Non-Solicitation, and Non-Compete Agreement. The franchisee or its principal must have satisfactorily completed the Initial Training Program.
Brain Balance maintains control over various aspects of the franchisee's center and materials. The franchisor's prior written consent is required for the center location, layout, office equipment, and all printed matter used in the business, including assessment tools, stationery, and signage. Similarly, all advertising and promotional materials, whether printed or digital, must be submitted for the company's written approval before use. Franchisees must purchase advertising and promotional materials, electronically in pdf or jpeg format, prepared by the company's designated vendor. Franchisees must purchase from the company's designated supplier and maintain at the Center a minimum inventory of program kits.
To maintain a consistent brand image, Brain Balance has specific requirements for how the brand name is displayed. Franchisees must comply with all written instructions regarding the appearance of the Brain Balance marks on stationery, signs, and advertising. The franchisee cannot use the Brain Balance name or marks in connection with any purpose other than operating an authorized Brain Balance Center. When referencing individuals in advertising, the words "Brain Balance®" or "Brain Balance Program®" must accompany the name, and there are restrictions on the size and frequency of the name's appearance. Franchisees 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, franchisees must obtain company's prior written approval for any and all email addresses other than the email address assigned to franchisee by company. Franchisees 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. Franchisees cannot maintain an independent website but can have a social media presence following the guidelines in the operations manual.
Brain Balance also mandates ongoing training and adherence to their systems. Franchisees are required to attend and pay for Advanced Training up to two times per year. They must also enroll their center in an approved Customer Relations Management System (CRM). These measures ensure that franchisees stay updated with the latest methods and maintain a consistent standard across all locations.