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Awaken Higher Brain Living

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Reviews Holistic Health Practitioner, Multi-Level Sales Awaken Higher Brain Living

Awaken Higher Brain Living Reviews (2)

[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me.
Higher Brain Living, LLC, Dr***, and I have discussed our respective claims and have confidentially settled our disputes without any admission of fault or liability by either party. My complaint has been resolved-- *** ***

Please be advised that we represent Higher Brain Living, LLC (“HBL”). This letter serves asa response to Revdex.com Complaint ID 10257041 made by [redacted] of Marana, Arizona, a formeremployee of HBL who became disgruntled when she was denied a high ranking position in theorganization. The...

alleged grievances stated by Ms. [redacted] are therefore unfounded for the reasonsstated below. This investigation should be closed and HBL’s business rating be upgraded.BACKGROUND INFORMATION ON DR. [redacted] AND HIGHER BRAIN LIVINGDr. [redacted], the developer and creator of HBL, is a well-respected chiropractor andlongtime businessman. Although he no longer practices as a chiropractor, he has been anentrepreneur in a variety of capacities for over twenty years. In that time, Dr. [redacted] has never beenthe subject of any litigation, investigation, or complaints to the Revdex.com.His most recent business venture and current passion is HBL. The Higher Brain LivingTechnique (the “Technique”) that Dr. [redacted] developed more than a decade ago and formalizedinto the program he currently licenses, is a 22-session cycle practice where a client is led by a trainedHBL Licensee or “Facilitator” through various well-established routines best explained as asequence of movements and spontaneous breathing. HBL has protected its proprietary Techniqueby successfully securing federal trademark registrations for the word mark “Higher Brain Living”(registration no. 4082960) and copyright registrations in the HBL manuals, books, and other trainingmaterials (registration numbers TXu[redacted], TX[redacted]2, TXu[redacted], andTX[redacted]0). HBL does not purport to be a medical treatment, an alternative medicine,therapy, or anything other than a rejuvinative human potential practice and thought process. Rather,the technique can be compared to other self-development practices like Reiki, Matrix Energetics, lifecoaching and Quantum Touch (see Exhibit C for a list of comparable alternative techniques).HBL grants its Facilitators a very specific set of intellectual property licenses and explicitlystates that Facilitators are independently responsible for identifying and complying with State orlocal business license requirements. In this regard, the overall HBL business model can be comparedto more familiar licensed offerings like Zumba, Kyuki-Do, or life coaching. Like Zumba, whichrequires instructors to train and license the Zumba name and techniques, in order to teach,understand how HBL works, and properly practice the Technique, HBL requires individuals to gothrough a training process. The training program includes 160 hours of online study andassignments, and either 100 hours (10 days) for standard training and certification or 200 hours (20days) for advanced training and certification with Dr. [redacted], a team of HBL trainers and othersupport staff. The standard training covers topics that include the Technique, best practices andpolicies, and teaching methodology, while the advanced training provides additional marketing andsales advice. Further, the individuals that go through training and acquire an HBL license typicallydo so to bolster their current holistic or therapeutic practices, or to start new businesses offeringHBL to end clients.Moreover, aside from paying for training and for the license, and receiving some marketingguidelines and best practices advice for the advanced license, each Facilitator is a whollyindependent entity not affiliated with HBL. In fact, HBL does not require Facilitators to pay HBLroyalties, require Facilitators to purchase goods or equipment from a particular source (other thanHBL guidebooks), or require Facilitators to operate their business according to a specific plan ormodel. Further, HBL does not help and is not responsible for obtaining locations or facilities foroperation. Finally, HBL and Facilitators have mutual termination rights.THE HBL LICENSE AGREEMENT AND TRAINING PROGRAM PROVIDES CLEAR GUIDANCE FORWHAT FACILITATORS CAN EXPECTThe complainant in this case, Ms. [redacted], was one such aspiring business professional whosought to use HBL to launch her own business. She became a licensed HBL Facilitator in April2013 after attending multiple pre-training information seminars and roundtables and signing a verycomprehensive Advanced Licensing Agreement (the “Agreement”). The Agreement and thetraining program spells out what each Facilitator can expect from acquiring the HBL license. First,the Agreement sets forth the terms of the license granted:2. License.a. Grant. Licensor hereby grants Licensee the non-exclusive, non-transferable, nonsublicenseablelimited right and license to use the System, the Trademarks, and theProprietary Materials during the Term of this Agreement and in accordance with theterms and conditions set forth in this Agreement. In connection herewith, Licensorhereby agrees to provide to Licensee copies of such Proprietary Materials including,without limitation, the Guidebook, manuals, and the right, title, or interest in or tothe System, the Marks, and the Proprietary Materials.In addition, all Facilitators are aware of the cost of acquiring an HBL license as well as the cost ofany other necessary materials, such as guidebooks. The one-time licensing fee for standard licenseesis $6,995, though Ms. [redacted] elected for the higher $12,995 fee for advanced licensees (see Section 7of the Agreement), which includes additional marketing support and guidance. Facilitators are alsoinformed of the commitment that is required to be successful. As part of the training, facilitatorsand Dr. [redacted] stress the importance of staying committed to finding new clients and disclaim anyguarantee on revenue. Indeed, the only mentions of revenue during training are general financialforecasts, which give HBL Facilitators basic guidelines on the amount of clients they need in orderto achieve certain revenue goals. Finally, the Agreement contains a 30-day, no questions asked,money back refund policy for any Facilitator that wishes to opt out of the HBL license.In this case, not only did Ms. [redacted] not ask for a refund until more than 16 months aftershe signed the Agreement, she loved HBL so much that she actually sought to work for theorganization and she was prominently featured in an HBL promo video. In this video, Ms. [redacted]states how wonderful the training program was and how prepared she felt to serve as a HBLFacilitator. Further, Ms. [redacted] offered to provide consulting services to HBL and worked in apart-time limited capacity at a rate of $500 per month to assist the HBL corporate team with trainingoperations. As part of her compensation, she also received free access to the Mastery Program.1Ultimately, Ms. [redacted]’ only significant contribution to HBL corporate was negotiating event spacefor a training event and creating some template documents. The engagement lasted for five monthsbetween October 2013 and February 2014 before it became readily apparent that Ms. [redacted] wasnot a good fit for the organization.Despite these once-glowing reviews, her work for HBL, and HBL’s prior accommodations,Ms. [redacted] has since become disgruntled and has taken much of what was communicated duringtraining out-of-context to wage this personal vendetta against Dr. [redacted] and HBL. Indeed, at onepoint she was representing to third parties that she going to be the CFO of HBL. To that end, she1 HBL acknowledges that it made mistakes with some technical set-backs while implementing the Mastery Program thatMs. [redacted] referenced in the complaint. The Mastery Program, which has since been abandoned, included additionalmarketing materials that were offered by a third party. Further, Ms. [redacted] received $2,000 as full and final payment forall her services. Therefore, any issues with the Mastery Program have been resolved and are not relevant to Ms. [redacted]’current complaint.has engaged in a defamatory smear campaign, which includes recruiting other licensees to seekrefunds where none are warranted.Ms. [redacted]’ actions and statements could easily form the basis for a lawsuit sounded in falselight, defamation, and tortious interference with business operations. Prior to determining whethersuch actions will be necessary, HBL believes that in the interim, this complaint should be dismissedand its reputation restored on the Wisconsin Revdex.com.MS. [redacted] HAD AN OPTION FOR PURSUING A FULL-REFUND OF HER INVESTMENT, BUTFAILED TO REQUEST A REFUND IN A TIMELY MANNER.The facts make clear that Ms. [redacted]’ time to pursue a refund for her investment in the HBLlicense has passed. In the signed Agreement, HBL’s clearly-stated refund policy provides that:“Licensees may request a refund of their Higher Brain Living license payment at any time withinthirty (30) days of the invoice date. If a Licensee does not contact Higher Brain Living within thethirty (30) days of the invoice date and chooses not to complete all online modules or to attend onsitetraining, no refunds will be issued.”Ms. [redacted] signed the Agreement, which also serves as the invoice date, on April 22, 2013.Her time to request a full refund therefore would have expired on May 22, 2013. Ms. [redacted] knewof, understood, and signed the Agreement, yet she did not exercise her right to request a refund untilOctober 2, 2014. Legally, Ms. [redacted] is bound by the terms she agreed to, but even so, on October8, 2014, HBL reached out to Ms. [redacted], both directly and then through its legal counsel, to try andresolve this matter privately and in good faith. Since then, no action or response has been receivedby our office or legal department. Instead, on the evening of October 8, 2014, Ms. [redacted] filed herRevdex.com complaint.HBL PROPERLY LICENSED ITS PROPRIETY MATERIALS TO MS. [redacted]Further, Ms. [redacted] purposely misconstrues the terms of the license agreement she signed,to make false allegations about Higher Brain Living’s ability to grant facilitator licenses. Ms. [redacted]also claims that the state of Wisconsin, where Higher Brain Living is incorporated, does notrecognize Higher Brain Living as having the right to grant licenses.As previously mentioned, Ms. [redacted]’ acquired a license to use HBL’s intellectual propertyin the Technique. What Ms. [redacted] obtained, as was fully disclosed in the Agreement, was a right touse the HBL Technique, in connection with the manuals, books and other training materials shereceived. In fact, Ms. [redacted] acknowledges in her complaint that what she received was a license touse HBL’s intellectual property. Such a proprietary license is not bound by state imposedregulations and is commonplace in the business world, as exemplified by life-coaching programs,software licenses, and various other business models.Most importantly, the proprietary license Ms. [redacted] obtained is wholly distinct from thetype of license, such as a professional license, that is required from the state of Wisconsin.Therefore, Ms. [redacted]’ allegations that HBL lacked the ability to grant licenses are both misguidedand unfounded, and should be dismissed.HIGHER BRAIN LIVING DOES NOT MAKE ASSERTIONS OR PROMISES REGARDING ACONCRETE NET RETURN WITHIN A SPECIFIED TIME FRAME.Ms. [redacted] also falsely claims that she was told that after completing training, setting uppractice, and following a business plan, she could “easily begin generating $120,000.00 / year” aftertwo years. At the time of enrollment and training, it was repeatedly stated by the instructors and Dr.[redacted] himself, that success in the industry would not be easy, and such results would requirefacilitators to spend substantial time, effort and capital perfecting their craft and investing in theacquisition of clients. The advanced facilitator training, which Ms. [redacted] attended, did teach somebest practices and leadership strategies for being a successful HBL facilitator, but implementation ofthose practices is left to the discretion of each facilitator.As for Ms. [redacted]’ claims about generating $120,000.00/year after two years, Ms. [redacted]conveniently fails to include the basis for reaching that number. Specifically, facilitators wereinformed at training that if they spent two full days per week serving clients and one full day perweek doing successful community outreach/marketing to generate one new client per week at thefull client program cost of $2,000 (plus one additional $1,000 opt in follow up programs), they couldproduce approximately $118,000 of profit after expenses. However, in no way were such figuresguaranteed. Further, facilitators were informed at training that if they attempted to earn a living as afacilitator and achieve the approximated revenue goals, they should first master all elements of thebusiness themselves and not hire other facilitators to work for them. Ms. [redacted] ignored thisadvice, as she chose to form her own business immediately following training in August 2013 andrecruited other local facilitators to work for her.However, Ms. [redacted] only had her practice open for a short time before she had a fallingout with other facilitators, they left, and she experienced business failures. Further, contrary to Ms.[redacted]’ claims that HBL led her to believe that clients would be easy to get, HBL made no suchrepresentations during the training. As is the case with any entrepreneur in any business, success islargely dependent on the individual’s commitment to their own growth and drive to move forwardin the face of adversity. Given the limited time, client base and absence of data regarding herimplementing the “best practices” suggested, Ms. [redacted]’ frustrations for not generating hundredsof thousands of dollars within mere months are misplaced and unfounded.DESPITE MS. [redacted] HARMFUL ACCUSATIONS, THE VAST MAJORITY OF HIGHER BRAINLIVING FACILITATORS ARE HAPPY WITH THE PROGRAMFinally, Ms. [redacted] has used salacious and defamatory language in recent social media outletsas well as in her Revdex.com complaint, referring to HBL as a “cult.” Such attacks are unwarranted, andfortunately, so far, largely ignored. Indeed, HBL continues to receive happy customer reviews. Theattached Exhibits A and B provide a sampling of the positive testimonials HBL facilitators havemade recently about the Technique, HBL as an organization, and Dr. [redacted] himself. Many ofthese testimonials highlight the great efforts HBL makes to provide a positive and satisfactoryexperience for its facilitators, as well as further point out the many deficiencies in Ms. [redacted]’complaint.Therefore, in lieu of the above facts, Higher Brain Living requests that the Better BusinessBureau consider all of the relevant information and dismiss complaint 10257041 or resolve thecomplaint in favor of Higher Brain Living. Should you wish to further discuss this matter or needadditional information, please contact me, [redacted], legal counsel for Higher Brain Living, atds@[redacted]law.com or call my office at ###-###-#### to set up a time to speak.Sincerely,/s/ [redacted]

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