Under what conditions can a Brain Balance licensee make copies of the Software or any Software Materials?

According to Brain Balance's 2025 Franchise Disclosure Document, a licensee is generally prohibited from making copies of the Software, its components, or any Software Materials. However, there is an exception: a Brain Balance licensee can make copies of the Software or Software Materials if they have the prior written consent of the Licensor. The Licensor has the sole discretion to either grant or deny this consent.

This restriction is typical in franchising, as franchisors like Brain Balance need to protect their intellectual property and maintain uniformity across all franchise locations. Unauthorized copying and distribution of software could lead to inconsistencies in service delivery and potential brand damage. It also protects Brain Balance's ability to monetize and control its proprietary assets.

For a prospective Brain Balance franchisee, this means that any need to duplicate software or materials for business purposes beyond the standard usage outlined in the franchise agreement requires explicit permission. A franchisee should not assume that permission will be granted and should factor in potential delays or denials when planning their business operations. It would be prudent to discuss potential scenarios requiring copies with Brain Balance during the due diligence phase to understand the likelihood of obtaining such consent.