Who has control over the content and functionality of the Bath Tune Up electronic portal?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
s, or (iii) which are otherwise offered or sold under the Marks. Franchisee may, however, use the Marks to sell goods or services through the Internet in compliance with the Manuals or with Franchisor's prior written consent, but then only in the manner and in accordance with the procedures, policies, standards, and specifications that Franchisor establishes from time to time.
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.
(c) Franchisee must participate in programs and/or adhere to any then current policies or specifications Franchisor develops, maintains or requires from time to time with respect to the use of Artificial Intelligence in connection with the development and operation of the Franchised Businesses generally or the Franchised Business. For purposes of this Agreement, Artificial Intelligence means a field of science concerned with building computers and machines that can reason, learn, and act in such a way that would normally require human intelligence or that involves data whose scale exceeds what humans can analyze.
**6.8.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, the franchisor maintains significant control over the content and functionality of its website, including any pages dedicated to franchisees. Bath Tune Up retains ownership of the domain name, URL, and all related computer programs and code used for the website. They also own all text, images, sounds, files, video, designs, and data prepared for or used in connection with the website, along with all associated intellectual property rights.
Bath Tune Up may allow franchisees to customize or post certain information on a dedicated "Franchisee Page" on the website, but this is subject to the franchisor's procedures, policies, standards, and specifications. Any modifications made by the franchisee are considered "work made for hire," meaning Bath Tune Up owns the intellectual property rights to those changes. If a modification doesn't qualify as a work made for hire, the franchisee must assign the modifications to the franchisor.
This level of control allows Bath Tune Up to maintain brand consistency and ensure that all online content aligns with its overall marketing and business strategies. It also enables Bath Tune Up to manage and update the website as needed, without requiring direct input or approval from individual franchisees. For a prospective franchisee, this means they have limited ability to independently manage or alter the content of their dedicated page on the Bath Tune Up website. Franchisees must adhere to the franchisor's guidelines and policies when contributing content.