What trade names and service marks are Brain Balance franchisees authorized to use?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
reement Signed | | | | | But Franchise Not | | | | | Opened | | |
FRANCHISE AGREEMENT
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WITNESSETH:
WHEREAS, COMPANY has expended time, effort, and money to develop a uniform and standardized system (the "System") for the operation of Brain Balance® Centers (the "Center(s)"), which offer the Brain Balance Program®, a non-medical method of assessment and program development for individuals with developmental delays resulting from neurological and physiological imbalances using certain technology (the "Licensed Technology") (the "Business"), under the trade names and service marks "Brain Balance Program®", "Brain Balance®" with logo, and Brain Balance®" " ("Brain Balance Program®", "Brain Balance®" with logo, and Brain Balance®", and such other trade names, trademarks, service names, logos, copyrights, and other service marks now or hereafter used by COMPANY in connection with the System are hereinafter referred to as the "Marks"); and
WHEREAS, COMPANY's System includes a business strategy utilizing training methods, methodology, protocols, Licensed Technology, promotional programs, uniform standards, a confidential Operations Manual (as hereinafter defined), and other information, items, and experience that benefit the operation of the Business; and
WHEREAS, FRANCHISEE acknowledges that the Business, operated in accordance with the System and utilizing the Marks has acquired distinctive and valuable goodwill among the public; and
WHEREAS, FRANCHISEE desires to enter into the Business, to be operated in accordance with the System and utilizing the Marks, all subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein contained, it is agreed:
1. GRANT OF FRANCHISE
1.01. COMPANY hereby grants to FRANCHISEE and FRANCHISEE hereby accepts the right, license, privilege, and franchise of utilizing the Marks, the Licensed Technology, and System to establish a single Brain Balance® Center and to operate the Business therein, all, subject to the terms and conditions of this Agreement solely within the territory described in Schedule I attached hereto (the "Territory"), at a specific location to be approved in writing by
COMPANY, which approval shall not be unreasonably withheld (the "Franchise"). The operation of the Business pursuant to the Franchise is hereinafter referred to as the "Franchised Business."
- 1.02.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, franchisees are granted the right to operate under specific trade names and service marks. For a standard Brain Balance Center, these include "Brain Balance Program®" and "Brain Balance®" with logo. Similarly, for a Brain Balance Satellite Center, the authorized trade names and service marks are also "Brain Balance Program®" and "Brain Balance®" with logo.
Brain Balance grants franchisees the right to use "Brain Balance®" as part of their trade or business name, adhering to the specific style outlined in Schedule I and as directed by the company. However, franchisees must obtain prior written consent from Brain Balance to use these marks as part of their corporate or limited liability company name.
Franchisees are restricted from using the Brain Balance names or marks for any purpose or service outside the operation of a Brain Balance Center, unless specifically permitted by the franchise agreement. All uses of the Brain Balance names and marks in any form (print, electronic media, etc.) must comply with Brain Balance's written instructions regarding their appearance. This ensures brand consistency and quality control across all franchise locations.