If Bath Tune Up creates a webpage for the Franchised Business, can the franchisee customize it?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor may permit Franchisee to customize or post certain information to the Franchisee Page, subject to Franchisee's compliance with the procedures, policies, standards, and specifications that Franchisor may establish from time to time.
Any modifications (including customizations, alterations, submissions, or updates) to the content made by Franchisee for any purpose will be considered to be a "work made for hire" under the copyright laws, and therefore, Franchisor will own the intellectual property rights in and to the modifications.
To the extent any modification does not qualify as a work made for hire as outlined above, Franchisee assigns those modifications to Franchisor for no additional consideration and with no further action required and will sign any further assignments as Franchisor may request.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, if Bath Tune Up establishes a webpage for a franchisee, the franchisee may be permitted to customize or post certain information to it. However, this customization is subject to the franchisee's compliance with the procedures, policies, standards, and specifications that Bath Tune Up may establish from time to time.
Any modifications made by the franchisee will be considered a "work made for hire" under copyright laws, meaning Bath Tune Up will own the intellectual property rights to these modifications. If any modification does not legally qualify as a work made for hire, the franchisee must assign those modifications to Bath Tune Up without additional compensation or further action. The franchisee is also required to sign any further assignments requested by Bath Tune Up.
This arrangement gives Bath Tune Up significant control over the content and branding of the franchisee's webpage, ensuring consistency across the franchise system. While franchisees may have some input, Bath Tune Up ultimately owns and controls all intellectual property associated with the webpage. Prospective franchisees should carefully consider these terms and understand the extent to which they can personalize their online presence.
It is important for potential franchisees to discuss with Bath Tune Up the specific procedures, policies, standards, and specifications related to webpage customization to fully understand the limitations and requirements. This will help ensure that franchisees are aware of the level of control they have over their online presence and how it aligns with their business goals.