What is a Bath Tune Up franchisee required to do with the Computer System?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
he Required Programs; (c) the tangible media upon which Franchisee must record or receive data; (d) the database file structure of Franchisee's Computer System; (e) an electronic portal for informational assistance which may include, without limitation, the Manuals, training, other assistance materials, and management reporting solutions; and (f) answering service requirements.
(iii) Upgrades and Access
Franchisee agrees to use the Computer System and Required Programs in the manner that Franchisor requires. Franchisor may charge a reasonable software license fee for any Required Programs. Franchisee agrees to implement and periodically update and make other changes to the Computer System as Franchisor requests in writing, which shall not be more often than one upgrade per year (collectively, "Computer Upgrades"). Franchisee will comply with Franchisor's written specifications (whether in the Manuals or otherwise) with respect to the Computer System and the Required Programs, and with respect to Computer Upgrades, at Franchisee's own expense.
Franchisee agrees to afford Franchisor unimpeded access to its Computer System and Required Programs in the manner, form, and at the times that Franchisor requests. Franchisee must provide Franchisor with user identifications and passwords required to access files and other information contained on the Computer System.
Because changes to technology are dynamic and not predictable within the Term, and in order to provide for inevitable but unpredictable changes to technological needs and opportunities, Franchisee agrees: (a) that Franchisor will have the right to establish, in writing, reasonable new standards to address new technologies and data security, whether published in the Manuals or otherwise in writing, and that Franchisor has the right to implement those changes in technology into the System; and (b) to abide by Franchisor's new standards (and with Franchised Business audits conducted by Franchisor or its designee to confirm Franchisee's compliance) as if this Section, and other technology provisions in this Agreement, were periodically revised for that purpose.
(e) Extranet/Electronic Portal. Franchisee must comply with Franchisor's requirements (as set forth in the Manuals or otherwise in writing) with respect to establishing and maintaining telecommunications connections between Franchisee's Computer System and Franchisor's Extranet and/or electronic portal and/or such other computer systems as Franchisor may reasonably require. The term "Extranet" means a private network based upon Internet protocols that will allow users inside and outside of Franchisor's headquarters to access certain parts of Franchisor's computer network via the Internet. Franchisor may establish an Extranet and/or electronic portal (but is not required to do so or to maintain an Extranet and/or electronic portal). Franchisee must comply with Franchisor's requirements (as set forth in the Manuals or otherwise in writing) with respect to connecting to the Extranet and/or electronic portal, and utilizing the Extranet and/or electronic portal in connection with the operation of the Franchised Business. The Extranet and/or electronic portal may include, without limitation, the Manuals, training and other assistance materials, and management reporting solutions (both upstream and downstream, as Franchisor may direct).
Franchisee must purchase and maintain such computer software and hardware (including but not limited to telecommunications capacity) as may be required to connect to and utilize the Extranet and/or electronic portal. Franchisor reserves the right to require Franchisee to contribute a reasonable amount toward the cost of the Extranet's and/or electronic portal's maintenance and further development. If Franchisee fails to comply with any policy or procedure governing the Extranet and/or electronic portal, Franchisor may temporarily suspend Franchisee's access to all or any aspect of the Extranet and/or electronic portal (such as a chat room, bulletin board, listserv or similar feature) until Franchisee fully cures the breach.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, franchisees have several obligations regarding the Computer System. Franchisees must use the Computer System and any Required Programs in the manner that Bath Tune Up requires. Bath Tune Up may charge a reasonable software license fee for any Required Programs. Franchisees must implement, periodically update, and make other changes to the Computer System as Bath Tune Up requests in writing, but not more than one upgrade per year. All these updates and changes will be at the franchisee's own expense. Franchisees must also comply with Bath Tune Up's written specifications for the Computer System, Required Programs, and Computer Upgrades, as outlined in the manuals or elsewhere.
Bath Tune Up franchisees must provide unimpeded access to their Computer System and Required Programs to Bath Tune Up in the manner, form, and at the times requested, including providing user identifications and passwords. Bath Tune Up has the right to establish reasonable new standards to address new technologies and data security, implementing these changes into the system. Franchisees must abide by these new standards, and Bath Tune Up may conduct audits to confirm compliance.
Bath Tune Up has the right to retrieve and use data and information from the franchisee's Computer System that it deems necessary or desirable. Franchisees must strictly comply with Bath Tune Up's standards and specifications for all items associated with the Computer System and operate it accordingly. To ensure operational efficiency and communication, franchisees must keep their Computer System in good maintenance and repair, and promptly install any additions, changes, modifications, substitutions, and/or replacements to their computer hardware, software, telephone, and power lines, and other related facilities, as directed by Bath Tune Up in writing. Franchisees must also provide all email and customer lists used or maintained on the Computer System or elsewhere upon request.
Bath Tune Up has the right, but not the obligation, to develop or designate software programs and accounting system software that franchisees must use in connection with the Computer System, as well as updates, supplements, modifications, or enhancements to these Required Programs. They can also specify the tangible media for recording or receiving data, the database file structure of the Computer System, an electronic portal for informational assistance, and answering service requirements. These comprehensive requirements ensure that all Bath Tune Up franchises operate on a unified and standardized technological platform, allowing for efficient data management, communication, and adherence to evolving technological standards.