Under what conditions can the Brain Balance Franchise Agreement be modified?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
Agreement | | | a. | Length of the franchise term | 5 | Same term as the Franchise Agreement | | b. | Renewal or extension of the term | None | |
| Provision | Section in Agreement | Summary | |
|---|---|---|---|
| r. | Non-competition covenants after the Franchise is terminated or expires | 6(c) | You have no right to use the Software after your Franchise Agreement terminates. |
| s. | Modification of the Agreement | 26 | Modifications must be in writing executed by the parties. Software may change. |
| t. | Integration/Merger clause | 26 | Only the terms of the Agreement and references to the Franchise Agreement are binding. The Franchise Agreement supersedes all prior agreements. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 54–61)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, the Franchise Agreement can be modified under specific conditions. Any modifications to the agreement must be documented in writing and formally executed by all parties involved. Additionally, the software utilized in the Brain Balance franchise may be subject to change.
This stipulation ensures that any alterations to the original agreement are clear, agreed upon, and legally binding, protecting both the franchisee and Brain Balance. It also acknowledges that certain operational aspects, such as software, may evolve over time, and these changes do not necessarily require a formal amendment to the Franchise Agreement itself.
Furthermore, the Franchise Agreement and any references within it are the only binding terms. It supersedes any prior agreements, meaning that any promises or agreements made before the final Franchise Agreement may not be enforceable. However, this does not disclaim any express representations made in the Franchise Disclosure Document, its exhibits, and amendments, ensuring transparency and accuracy in the franchising process.