Under the Brain Balance agreement, what are the specific requirements for the form of notice?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
ments with supplier(s) designated by COMPANY for purchase of equipment, advertising materials, services or other supplies, products, and materials required for the operation of the Franchised Business.
- 17.03. (a) Upon the occurrence of an Event of Default, COMPANY, at its option, may terminate this Agreement on five (5) days' written notice (or a notice for a longer period of time as may be required by the law of the jurisdiction in which FRANCHISEE's Center is located) without a right to cure, and this Agreement, together with the Franchise granted hereunder, shall thereupon expire.
- (b) Upon the occurrence of an Event of Default that continues for thirty (30) or more days of COMPANY giving FRANCHISE notice of such default, COMPANY shall have the absolute right without additional notice, to cease providing or making available any or all services and benefits provided for hereunder to FRANCHISEE until FRANCHISEE is current in the payment of fees and the filing of reports and has cured all other defaults.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, in the event of a default, Brain Balance can terminate the agreement with a franchisee. Specifically, Brain Balance may terminate the Franchise Agreement with five days written notice if a franchisee is in default. This termination can occur without the franchisee having an opportunity to correct the issue, although the notice period could be longer if required by local laws.
Additionally, if a franchisee remains in default for 30 or more days after Brain Balance provides written notice, Brain Balance has the right to stop providing services and benefits to the franchisee without any further notice. This cessation of services does not relieve the franchisee of their obligations under the agreement, nor does it constitute a termination of the agreement.
These stipulations mean that a Brain Balance franchisee needs to be extremely diligent in adhering to the terms of the Franchise Agreement to avoid potential termination or suspension of services. The requirement for written notice provides a formal communication channel, but the short cure period in certain default situations underscores the importance of proactive compliance.