factual

What is the Bath Tune Up Existing Franchisee transferring to the New Franchisee regarding property?

Bath_Tune_Up Franchise · 2025 FDD

Answer from 2025 FDD Document

NOW, THEREFORE, in consideration of the foregoing and of the covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

    1. Existing Franchisee shall transfer the Franchise to New Franchisee on or about (Transfer Date) subject to the provisions of paragraph 3, below, and paragraph 9.2 of the Franchise Agreement.
    1. Existing Franchisee will transfer physical possession of the Confidential Operating Manual (Manual) to Franchisor and to New Franchisee of all items required by the Franchise Agreement, including, without limitation, (i) all books, manuals, financial records, receipts, invoices, and documents relating to the Franchised Business; and (ii) all other documents, property and other objects containing Franchisor's Marks. New Franchisee has reviewed the Manual and agrees that the Confidential Operating Manual shall apply fully to its operation of the Franchised Business. New Franchisee agrees to abide by all other manuals and guidelines, present and future, of Franchisor, including, but not limited to, those pertaining to advertising.
    1. If New Franchisee has not already done so to the satisfaction of Franchisor, New Franchisee shall comply with the training requirements set forth in the Franchise Agreement by attending the next available training program offered by Franchisor for new franchisees.
    1. Concurrently upon the Transfer Date New Franchisee shall become a franchisee of Franchisor under the Franchise Agreement and Existing Franchisee shall immediately cease operating under the Franchise Agreement. Existing Franchisee shall thereupon comply with all provisions in the Franchise Agreement concerning termination set forth in Article 12 thereof, including, but not limited to, ceasing all use of the Marks of Franchisor.
    1. As between Existing Franchisee and Franchisor, and with the exception of the rights and obligations set forth in Article 12 of the Franchise Agreement (which is incorporated herein by reference), the franchise relationship created by the Franchise Agreement is hereby terminated and superseded by this Consent and Assumption and in all respects having been assumed by New Franchisee as of the Transfer Date. Existing Franchisee hereby waives all rights to relief from forfeiture under §1179 of the California Code of Civil Procedure and acknowledges that there is no subsisting franchise agreement between Franchisor and existing Franchisee.

Source: Item 22 — CONTRACTS (FDD page 52)

What This Means (2025 FDD)

According to the 2025 Bath Tune Up FDD, when an existing franchisee transfers their franchise to a new franchisee, they are required to transfer certain items. Specifically, the existing franchisee must transfer physical possession of the Confidential Operating Manual to both the franchisor and the new franchisee.

In addition to the manual, the existing franchisee must transfer all items required by the Franchise Agreement. This includes, but is not limited to, all books, manuals, financial records, receipts, invoices, and documents relating to the franchised business. The existing franchisee must also transfer all other documents, property, and other objects containing Bath Tune Up's trademarks.

This transfer ensures that the new franchisee has all the necessary information and resources to operate the Bath Tune Up franchise effectively and in compliance with the franchisor's standards. It also protects the franchisor's intellectual property and confidential information. The new franchisee acknowledges that the Confidential Operating Manual applies fully to its operation of the franchised business and agrees to abide by all other manuals and guidelines of Bath Tune Up.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.