Can Bath Tune Up change the design of its website without notifying the franchisee?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
8.11. Franchisor's Web Site
- (a) Franchisor has established and will maintain from time to time one or more sites on the Internet that may, among other things, facilitate orders, provide information about the System and the products and services that are offered at businesses operated under the Marks, and allow end-users to locate a nearby business operated under the Marks (Franchisor's Web site). Franchisor has sole discretion and control over the design and content of Franchisor's Web site. Franchisor may, at its sole option, from time to time, without prior notice to Franchisee: (i) change, revise, or eliminate the design, content, and functionality of Franchisor's Web site, (ii) make operational changes to Franchisor's Web site, (iii) change or modify the URL and/or domain name of Franchisor's Web site, (iv) substitute, modify, or rearrange Franchisor's Web site, at Franchisor's sole option, including in any manner that Franchisor considers necessary or desirable to, among other things, (A) comply with applicable laws, (B) respond to changes in market conditions or technology, and (C) respond to any other circumstances, (v) limit or restrict end-user access (in whole or in part) to Franchisor's Web site, and (vi) disable or terminate Franchisor's Web site without any liability to Franchisee.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, Bath Tune Up retains significant control over its website and can make changes without prior notice to franchisees. Specifically, Bath Tune Up has sole discretion and control over the design and content of its website. This includes the ability to change, revise, or eliminate the design, content, and functionality of the website at its sole option, without any prior notification to the franchisee.
This latitude extends to operational changes, modifications to the URL and domain name, and even the substitution, modification, or rearrangement of the website in any manner Bath Tune Up deems necessary or desirable. These changes can be implemented to comply with applicable laws, respond to market conditions or technology, or address any other circumstances. Bath Tune Up can also limit or restrict end-user access to the website or even disable or terminate the website entirely without incurring liability to the franchisee.
For a prospective Bath Tune Up franchisee, this means that the appearance, functionality, and online presence of the brand's website, which may be crucial for attracting customers and generating leads, are subject to change at any time without their input or advance warning. While this allows Bath Tune Up to adapt quickly to market changes and maintain brand consistency, it also means franchisees have little control over a key aspect of their business's online identity and marketing efforts. Franchisees should stay informed about any website changes and understand how these changes might affect their local marketing strategies.