What does 'Electronic Commerce' mean in the context of a Bath Tune Up franchise?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
8.13. Electronic Commerce
Franchisor may, at its sole option, use Franchisor's Web site or another Web site created for the purpose, to engage in "Electronic Commerce." The term "Electronic Commerce" means offering and selling merchandise and services associated with the Marks, and receiving and accepting orders and payment for that merchandise and services, directly or indirectly, through any means of electronic communication, including receiving and accepting orders over the Internet. Upon Franchisor's request, Franchisee will be required to participate in Electronic Commerce and will sign Franchisor's then-current electronic commerce participation agreement, which will, among other things: (i) state the terms on which Franchisee and Franchisor will share program revenues and expenses, (ii) authorize Franchisor, from time to time, to establish, and thereafter modify, procedures, policies, protocols, and standards and specifications that govern Electronic Commerce and use of end-user information, (iii) require specified computer (hardware and software) and communications equipment, and (iv) authorize Franchisor to disable or terminate endusers' ability to place orders or schedule appointments with Franchisee during any period that Franchisee is in breach of this Agreement or any other agreement with Franchisor or its Affiliates.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, Electronic Commerce refers to the practice of offering and selling merchandise and services associated with the Bath Tune Up marks through electronic communication, including the internet. This involves receiving and accepting orders and payments for those goods and services online.
Bath Tune Up, at its sole discretion, may use its website or another website to engage in Electronic Commerce. Franchisees may be required to participate in Electronic Commerce upon Bath Tune Up's request and will need to sign an electronic commerce participation agreement. This agreement will outline the terms for sharing program revenues and expenses between the franchisee and Bath Tune Up. It also authorizes Bath Tune Up to establish and modify procedures, policies, protocols, standards, and specifications governing Electronic Commerce and the use of end-user information.
Furthermore, the agreement may specify required computer hardware, software, and communications equipment. It also grants Bath Tune Up the authority to disable or terminate end-users' ability to place orders or schedule appointments with the franchisee if the franchisee breaches the franchise agreement or any other agreement with Bath Tune Up or its affiliates. This ensures Bath Tune Up maintains control over the brand's online presence and customer experience, while also setting the terms for franchisee participation and compliance.