Under the Brain Balance agreement, what is the relationship between the franchisee and the company regarding the right to bind each other?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
e 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.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Brain Balance franchise agreement outlines specific limitations and obligations for franchisees, particularly concerning the use of Brain Balance's trademarks and operational standards. The franchisee acknowledges that their Brain Balance center is part of a larger network and agrees to adhere to the company's standards. Failure to comply with the agreement's terms could cause damage to other Brain Balance centers and the company's overall business.
Specifically, franchisees must follow Brain Balance's written instructions regarding the appearance of the Brain Balance marks in any form of media. Franchisees are prohibited from using the Brain Balance name or marks for any purpose other than operating a Brain Balance center as permitted by the franchise agreement. All permanent staff must sign a Confidentiality, Non-Solicitation, and Non-Compete Agreement.
Furthermore, the franchisee's proposed center location, layout, equipment, printed materials, and advertising are subject to Brain Balance's prior written consent and must comply with the operations manual. All advertising and promotional materials must be submitted to Brain Balance for written approval before use. If Brain Balance does not provide written approval within ten days, the materials are considered disapproved. These stipulations ensure that franchisees do not have the authority to independently bind Brain Balance in a way that deviates from the established brand standards and operational procedures.