What must a Bath Tune Up franchisee do with letterheads and stationery after termination or expiration of the agreement?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor may add to, substitute, or modify any or all of the Marks from time to time, by directive in the Manuals. Franchisee will accept, use, display, or cease using, as may be applicable, the Marks, including any modified or additional trade names, trademarks, Marks, logotypes, and commercial symbols, and will within 30 days of receiving notification, begin to implement the changes and use its best efforts to complete the changes as soon as practicable at its own expense. On the expiration or sooner termination of this Agreement, Franchisor may, if Franchisee does not do so, sign in Franchisee's name and on Franchisee's behalf any and all documents necessary, in Franchisor's judgment, to end and cause a discontinuance of the use by Franchisee of the Marks and fictitious business name registrations and Franchisor is hereby irrevocably appointed and designated as Franchisee's attorney-in-fact to do so.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to the 2025 Bath Tune Up Franchise Disclosure Document, upon the expiration or termination of the franchise agreement, Bath Tune Up may take action to ensure the franchisee discontinues using the brand's marks and fictitious business name registrations. Specifically, if the franchisee does not take the required actions, Bath Tune Up is authorized to act on the franchisee's behalf to end the use of the marks.
This means that if a franchisee fails to discontinue using Bath Tune Up's trademarks, logos, and business name after the agreement ends, Bath Tune Up has the right to sign documents on the franchisee's behalf to ensure these marks are no longer used. This includes ending any fictitious business name registrations associated with the franchise.
This clause protects Bath Tune Up's brand identity and prevents former franchisees from potentially misrepresenting themselves as part of the Bath Tune Up system after their agreement has ended. It is a fairly standard clause in franchise agreements, ensuring brand consistency and preventing consumer confusion.