What constitutes 'Abandonment' of the Bath Tune Up franchised business, leading to immediate termination?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) If Franchisee Abandons the Franchised Business.
The term "Abandon" means failure to operate the Franchised Business for a period of seven consecutive days (without Franchisor's prior written consent) during a time that Franchisee is required to operate the Franchised Business under the terms of this Agreement, or any shorter period under which it is not unreasonable under the facts and circumstances for Franchisor to conclude that Franchisee does not intend to continue to operate the Franchised Business.
A repeated pattern of failure to operate the Franchised Business for periods of less than seven consecutive days may result in the Franchised Business being considered Abandoned if in the judgment of Franchisor the closure adversely impacts the Franchised Business.
The Franchised Business will not be considered Abandoned if the failure to operate is due to acts of God or other matters beyond the control of Franchisee (other than Franchisee's inability to procure money), provided that Franchisee gives notice of any cessation of operations to Franchisor promptly after the initial occurrence of the event resulting in the cessation of operations (and in any event within ten days) and Franchisor acknowledges in writing that the cessation of operations is due to one of the foregoing causes and provided further that Franchisee re-establishes the Franchised Business and is fully operational within 120 days after the initial occurrence of the event resulting in the cessation of operations or any longer period that Franchisor permits.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to the 2025 Bath Tune Up Franchise Disclosure Document, 'Abandonment' of the franchised business can lead to termination of the franchise agreement. Abandonment is defined as failing to operate the Bath Tune Up business for seven consecutive days without prior written consent from the franchisor, during times when the franchisee is required to be open per the agreement. The franchisor can also deem the business abandoned after a shorter period if the circumstances suggest the franchisee does not intend to continue operations.
A repeated pattern of failing to operate for periods less than seven consecutive days may also be considered abandonment if the franchisor believes the closures negatively impact the business. However, the Bath Tune Up franchise will not be considered abandoned if the failure to operate is due to events beyond the franchisee's control, such as acts of God, provided the franchisee notifies the franchisor promptly (within ten days) and the franchisor acknowledges the reason in writing.
To avoid termination, the franchisee must re-establish and fully operate the Bath Tune Up business within 120 days after the event causing the cessation, unless the franchisor permits a longer period. This clause protects the franchisee from immediate termination due to unforeseen circumstances while also ensuring consistent operation of the Bath Tune Up franchise.