Is Bath Tune Up liable to the franchisee if it dismantles the electronic portal?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
shed 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. Franchisee will not have any claim against Franchisor or any affiliate arising from such suspension from the Extranet and/or electronic portal pursuant to this Section 8.1(e), and Franchisee hereby waives any such claim it may at any time have and releases Franchisor and its affiliates from any liability arising therefrom.
Franchisee and Franchisor shall each be responsible for protecting their own interests in relation to electronic communications.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, Bath Tune Up may establish an electronic portal, but they are not required to do so or maintain it. The franchisee is responsible for maintaining telecommunications connections to the electronic portal. Bath Tune Up reserves the right to require franchisees to contribute a reasonable amount toward the cost of the electronic portal's maintenance and further development.
If a Bath Tune Up franchisee fails to comply with any policy or procedure governing the electronic portal, Bath Tune Up may temporarily suspend the franchisee's access to all or any aspect of the electronic portal until the breach is cured. The FDD states that the franchisee will not have any claim against Bath Tune Up or any affiliate arising from such suspension from the Extranet and/or electronic portal. The franchisee waives any such claim it may at any time have and releases Bath Tune Up and its affiliates from any liability arising therefrom.
Furthermore, if the franchisee breaches the franchise agreement or any other agreement with Bath Tune Up or its Affiliates, Bath Tune Up may disable or terminate the franchisee's access to the electronic portal without Bath Tune Up having any liability to the franchisee. In such a case, Bath Tune Up will only be required to provide the franchisee with a paper copy of the manuals and any updates to it, unless the franchisee is not otherwise entitled to the manuals. This means a franchisee could lose access to important resources and communication channels if they violate the agreement, without recourse against Bath Tune Up.