What is considered 'Software' in relation to the Bath Tune Up franchisor's intellectual property?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor is the owner of, and will retain all right, title, and interest in and to the domain name "BATH TUNE-UP®", the URL, all existing and future domain names, URLs, addresses and subaddresses (including the Franchisee Page subaddresses), all computer programs and computer code (e.g., HTML, Java) used for or on Franchisor's Web site, excluding any computer programs and computer code owned by third parties (collectively, "Software"), all text, images, sounds, files, video, designs, animations, layout, color schemes, trade dress, concepts, methods, techniques, processes and data prepared for, used on or in connection with, displayed on, or collected from or through Franchisor's Web site (collectively, "Content), and all intellectual property rights in or to any of them.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, the franchisor defines 'Software' as all computer programs and computer code (e.g., HTML, Java) used for or on the Franchisor's website, excluding any computer programs and computer code owned by third parties. This definition is important for prospective franchisees to understand because Bath Tune Up retains all rights, title, and interest in this software.
This means that while franchisees may use the software to operate their Bath Tune Up franchise, they do not own it. The franchisor maintains control over the software, including the right to modify or update it. This is a common arrangement in franchising, as it allows the franchisor to maintain brand consistency and ensure that all franchisees are using the same technology platforms.
For a potential Bath Tune Up franchisee, this implies that they will be reliant on the franchisor for the maintenance and updating of the software used in their business. While the franchisee will pay a monthly technology fee, as detailed elsewhere in the FDD, to support these platforms, they will not have direct control over the software's development or functionality. Therefore, it is crucial for prospective franchisees to understand the capabilities of the software and the level of support provided by Bath Tune Up before investing in the franchise.