Can Brain Balance withhold consent to a licensee making copies of the software?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
- (v) Licensee shall make no copies of the Software, or any component thereof, or any Software Materials, for any purpose whatsoever except use of the Software and the Software Materials in accordance with this Agreement without the prior written consent of Licensor (which consent may be given or withheld in Licensor's sole and absolute discretion).
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, a licensee is prohibited from making copies of the software or any of its components or software materials for any reason, unless they have obtained prior written consent from Brain Balance. This consent can be given or withheld at Brain Balance's sole and absolute discretion.
This means that as a Brain Balance franchisee, you cannot make any copies of the software used in your center without explicit permission from the franchisor. This restriction is in place to protect Brain Balance's intellectual property and maintain control over its software.
This clause gives Brain Balance significant control over how the software is used and distributed, which is typical in franchise agreements involving proprietary software. A prospective franchisee should consider the implications of this restriction and ensure they understand the circumstances under which they might need to request permission to copy the software.