Can a Bath Tune Up franchisee use social media sites in any manner they choose?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
sed 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. Use of Marks in Social Media
- (a) Franchisee may not promote the Franchised Business or use the Marks in any manner on any social media site existing now or in the future (including, without limitation, on blogs, vlogs, Facebook, LinkedIn, Twitter, Instagram, Flickr, Tumblr, Pinterest, Google+, Vine and Snap Chat) or on file-, audio- or video- sharing sites, other than in accordance with Franchisor's written standards. Franchisor has final authority over all social media marketing, and Franchisee must comply with Franchisor's brand standards regarding use of social media in the operation of the Franchised Business. Franchisee may not post communications about the Franchised Business or the System that would disclose the System's confidential or proprietary information, violate any relevant laws, regulations or guidelines or violate the terms of use imposed by the social media site. Franchisee may not post communications about the Franchised Business or the System on any public-facing social media site that is not authorized by Franchisor for use by Franchisee. Franchisee must ensure that policies it adopts for its employees' social media use are consistent with the requirements for social media advertising set forth herein.
- (b) Franchisor is under no obligation to provide Franchisee with access to branded social media pages or other social media assets. Any social media pages or other social media assets that Franchisor, in its sole discretion, chooses to make available to Franchisee will be provided only on condition that Franchisee updates them regularly. Any such social media pages or other social media assets maintained by Franchisee shall be deemed "advertising" and shall be subject to all terms of this Section 6.8. Franchisor has the right, but not the obligation, to conduct social media campaigns on behalf of all, or any subset of, Franchisees via local social media.
6.9. Copyrights
Franchisee acknowledges that Franchisor owns the worldwide copyrights and other intellectual property rights to all components of the System that are original works of authorship subject to copyright, including, without limitation, the Manuals, marketing materials, website text, artwork, photographs,
musical compositions, sound recordings, audiovisual works, computer software, and architectural designs (collectively, the "Copyrighted Materials"). Franchisee acknowledges and agrees that it may not make translations, copies, adaptations of or modifications to the Copyrighted Materials without the prior written consent of Franchisor.
Neither this Agreement nor the operation of the Franchised Business in any way gives Franchisee any interest in the Copyrighted Materials other than the right to use the Copyrighted Materials solely in connection with the Franchised Business, solely in accordance with the terms and conditions of this Agreement and solely during the term of this Agreement.
Franchisee acknowledges that Franchisor will own the copyrights and all other rights to translations, modifications and adaptations of or to the Copyrighted Materials made by Franchisee from time to time.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, franchisees do not have complete autonomy in using social media for their business. Bath Tune Up maintains control over how the brand is represented online.
Specifically, a Bath Tune Up franchisee must adhere to the franchisor's written standards when promoting the franchised business or using the brand's marks on any social media platform. The franchisor retains final authority over all social media marketing and franchisees must comply with brand standards. Franchisees are prohibited from posting communications that disclose confidential information, violate laws or regulations, or breach the social media site's terms of use. They also cannot use unauthorized public-facing social media sites.
Furthermore, Bath Tune Up franchisees must ensure their employees' social media policies align with the franchisor's advertising requirements. While franchisees can advertise and promote their business via social media, they must grant the franchisor administrator access rights to their social media pages. All social media usage must comply with the guidelines outlined in the Bath Tune Up manuals. Any activities not explicitly permitted in writing or pre-approved by Bath Tune Up are subject to the franchisor's approval.