If a Bath Tune Up franchisee is engaged in other businesses, what are the telephone number requirements?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
8.4. Telephone Numbers and Advertising
- (a) At its expense, Franchisee will obtain and maintain a telephone service for the Franchised Business. Franchisee may insert this telephone number in its directory listings, business cards, and stationery in conjunction with the Franchised Business, but may otherwise advertise this telephone number only with Franchisor's prior written consent. If Franchisee operates the Franchised Business from Franchisee's residence, the business number must be separate from Franchisee's personal (residential) telephone number. If Franchisee is engaged in businesses other than the Franchised Business, Franchisee must maintain different telephone numbers and may make no reference to the Franchised Business in any listings in respect of the other businesses. At the time of termination of this Agreement, for any reason, Franchisee will comply with the provisions of Section 12.1(b) below, with respect to telephone numbers.
- (b) Upon termination of this Agreement, for any reason, Franchisor will retain or change the telephone number relating to the Franchised Business in its sole discretion and Franchisee will do all things necessary or appropriate to transfer the telephone number to Franchisor, including paying any outstanding accounts with any directories and telephone service providers, and will not provide a call forwarding or telephone number referral with respect to any retained or disconnected telephone number. At any time during the Term of this Agreement, Franchisor may require Franchisee to sign a telephone supersedure form applicable to the telephone number relating to the Franchised Business. Furthermore, upon termination, Franchisee will not indicate in any manner it was previously affiliated with Franchisor.
- (c) Franchisor may impose other requirements concerning telephones and telephone numbers in the Manuals. Among other requirements that may be imposed in the Manuals, Franchisor may require that Franchisee's telephones be answered by a live person (either an employee of Franchisee or an answering service) during regular business hours, rather than using voice-mail or a telephone answering machine and that Franchisee utilize call tracking technology as may be prescribed by Franchisor in the Manuals.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, if a franchisee is involved in other business ventures besides their Bath Tune Up franchise, they must maintain separate telephone numbers for each business. The franchisee is prohibited from referencing the Bath Tune Up franchise in any listings related to their other businesses. This ensures that the Bath Tune Up business maintains a distinct identity and prevents confusion among customers.
This requirement is in place to protect the Bath Tune Up brand and ensure that the franchisee's other business activities do not negatively impact the reputation or operations of the franchise. By maintaining separate telephone numbers and avoiding any cross-promotion, Bath Tune Up aims to maintain a clear distinction between the franchise and any other ventures the franchisee may be involved in. This helps to avoid any potential conflicts of interest or confusion among customers who may associate the franchisee's other businesses with the Bath Tune Up brand.
Upon termination of the franchise agreement, Bath Tune Up retains the right to keep or change the telephone number associated with the franchise. The franchisee is obligated to assist in transferring the telephone number to Bath Tune Up, which includes settling any outstanding accounts with directories and telephone service providers. The franchisee is also prohibited from using call forwarding or providing referrals to any retained or disconnected telephone number. This ensures a clean break and prevents the former franchisee from diverting business away from Bath Tune Up.
Bath Tune Up may also impose additional requirements regarding telephone usage in its manuals, including mandating that calls be answered by a live person during business hours and requiring the use of call tracking technology. These measures are designed to enhance customer service and provide Bath Tune Up with valuable data on call patterns and customer inquiries.