Under what condition will Brain Balance limit the applicability of the post-term non-competition provisions?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
Throughout the term of the Franchise Agreement, and for a period of one year after either termination –regardless of cause of the termination – expiration, or non-renewal, neither you nor any of your officers, directors, shareholders, members, or partners, as appropriate, shall engage in the supplemental education services business within a fifty (50) mile radius of your Center. To the extent you are currently using certain Brain Balance® techniques involving hemispheric integration methodology, or brain connectivity techniques, we will limit appropriately the applicability of the post-term non-competition provisions contained in Section 18 of the Franchise Agreement.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 51–53)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, the applicability of the post-term non-competition provisions outlined in Section 18 of the Franchise Agreement will be limited if a franchisee is currently using certain Brain Balance techniques. These techniques specifically involve hemispheric integration methodology or brain connectivity techniques.
This limitation suggests that Brain Balance recognizes that some franchisees may already possess or be utilizing similar techniques in their practice prior to joining the franchise system. By limiting the non-compete in these specific instances, Brain Balance aims to avoid unduly restricting a franchisee's ability to continue practicing techniques they were already using.
For a prospective franchisee, this is an important consideration. If you have prior experience with hemispheric integration or brain connectivity techniques, it is crucial to discuss this with Brain Balance during the due diligence process. Understanding the extent to which the non-compete will be limited, and documenting this understanding in writing, can protect your ability to continue using these techniques should you later leave the Brain Balance system. It is also important to note that the non-compete agreement is typically one year within a fifty (50) mile radius of the Brain Balance center.