What is the condition regarding the manner in which a Bath Tune Up franchisee must conduct advertising and promotions?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
8.3. Local Area Marketing
- (a) Franchisee must use best efforts to promote and advertise the Franchised Business and participate in any local marketing and promotional programs that Franchisor establishes from time to time. In addition to the National Advertising Fee, Franchisor requires that Franchisee invest the amount specified in the Manual on approved local marketing and promotion.
- (b) Franchisee has the right to conduct such advertising and promotions of the Franchised Business as Franchisee in its reasonable discretion desires, provided that:
- (i) Franchisee must advertise and promote only in a manner that will reflect favorably on Franchisor, Franchisee, the products and services and the good name, goodwill and reputation thereof;
- (ii) Franchisee must submit all proposed advertising and promotions to Franchisor for its approval, which approval may not be unreasonably withheld or unduly delayed. Franchisee may not use any advertising or promotions until Franchisor has given its written approval of such advertising or promotions;
- (iii) if Franchisee operates a Showroom, Franchisee must prominently display, at its expense, in and on the Showroom, signs of such nature, form, color, number, location, size and content as Franchisor may direct or approve in writing from time to time. Such signs must be purchased from suppliers approved by Franchisor; and
- (iv) Franchisee hereby acknowledges that all rights, including, without limitation, all intellectual property rights, in all advertising and promotional material prepared by or on behalf of Franchisor are and will at all times remain the property of Franchisor.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, a franchisee has the right to conduct advertising and promotions for their franchised business, but this is subject to certain conditions. The franchisee must ensure that all advertising and promotional activities reflect favorably on Bath Tune Up, the franchisee, the products and services offered, and the overall goodwill and reputation of the brand. This means maintaining a high standard of quality and avoiding any advertising that could be considered misleading or damaging to the brand's image.
Before a Bath Tune Up franchisee can use any advertising or promotional materials, they must submit them to Bath Tune Up for approval. This approval process is designed to ensure that all advertising aligns with the brand's standards and marketing strategies. While Bath Tune Up cannot unreasonably withhold or unduly delay this approval, it does retain control over the advertising content. This is a common practice in franchising, allowing the franchisor to maintain brand consistency across all locations.
If the Bath Tune Up franchisee operates a showroom, they are required to prominently display signs both inside and outside the showroom. These signs must adhere to specific guidelines regarding nature, form, color, number, location, size, and content as directed or approved by Bath Tune Up in writing. Furthermore, these signs must be purchased from suppliers approved by Bath Tune Up. Finally, all intellectual property rights in advertising and promotional material prepared by or on behalf of Bath Tune Up remain the property of Bath Tune Up.