Under what circumstances might the Access Link for Brain Balance software experience loss or interruption in operations, according to the FDD?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
onably recommend from time to time in its Operations Manual or otherwise (collectively, the "Operating Environment"). Licensee shall be responsible for providing the Operating Environment at its own expense.
- (b) Licensor shall provide, or cause to be provided, all reasonable and necessary maintenance on the Access Link(s) and shall use reasonable commercial efforts to cause
the Access Link(s) to be operational twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption in operations due to causes beyond the reasonable control of Licensor or which are not reasonably foreseeable by Licensor, including, but not limited to, interruption or failure of telecommunication or digital transmission
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to the 2025 Brain Balance Franchise Disclosure Document, the Access Link, which franchisees use to access the Brain Balance software, may experience interruptions or loss of operations under certain circumstances. Brain Balance will make reasonable commercial efforts to keep the Access Links operational 24 hours a day, seven days a week. However, there are exceptions to this commitment.
Specifically, the Access Link may be unavailable due to scheduled maintenance and required repairs. Additionally, interruptions can occur due to events beyond Brain Balance's reasonable control or those that are not reasonably foreseeable. These events include, but are not limited to, interruptions or failures of telecommunication or digital transmission links, as well as Internet slowdowns or failures.
As a franchisee, it's important to understand that while Brain Balance aims to provide continuous access to the software, these potential disruptions could impact business operations. Franchisees should have contingency plans in place to mitigate any negative effects from these interruptions. It would be prudent for a prospective franchisee to discuss the typical frequency and duration of scheduled maintenance, as well as the measures Brain Balance takes to minimize the impact of unforeseen outages, with the franchisor.