Under what conditions does Brain Balance assume responsibility or liability to the franchisee or any third parties for approvals, advice, or services provided?

According to the 2025 Brain Balance Franchise Disclosure Document, Brain Balance does not assume responsibility or liability to the franchisee or any third parties by virtue of any approvals, advice, or services provided. This applies whether these provisions are outlined in Section 9 of the agreement or any other part of the agreement. Brain Balance also assumes no liability or obligations to the franchisee or any third party due to any neglect, delay, or denial of any approval requested by the franchisee.

This means that even if Brain Balance provides guidance, approves certain actions, or offers services to the franchisee, it does not take on any legal responsibility for the outcomes of those actions. This is a significant point for potential franchisees to consider, as it clarifies that the franchisee bears the ultimate responsibility for their business's operations and outcomes.

For a prospective Brain Balance franchisee, this clause highlights the importance of independent due diligence and business acumen. While Brain Balance offers support and advice, the franchisee cannot rely on this support as a guarantee of success or as a shield against potential liabilities. It is crucial for franchisees to carefully evaluate all advice and approvals provided by Brain Balance and to make their own informed decisions. Franchisees should seek independent legal and business advice to fully understand their obligations and potential risks.