Is Bath Tune Up liable to franchisees if it disables its website?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
be modified, expanded, or eliminated at Franchisor's option. Further, Franchisor may establish or participate in programs whereby Franchisor refers end-users to other Web sites, or Franchisor receives referrals from other Web sites. All consideration (monetary and non-monetary) received by Franchisor on account of the placement or sale of advertisements, endorsements, and sponsorships on Franchisor's Web site (including any Franchisee Page), and all consideration (monetary and non-monetary) received by Franchisor on account of affiliate programs, will belong only to Franchisor. Franchisor may also establish programs that encourage repeat visits to Franchisor's Web site by end-users.
- (c) Franchisor's Web site may include one or more interior pages that identify BATH TUNE-UP™ franchisees operating under the Marks, including the Franchised Business, by among other things, geographic region, address, telephone numbers, and other appropriate matters.
Franchisor's Web site may also include one or more interior pages dedicated to franchise sales by Franchisor and/or relations with Franchisor's investors.
- (d) Franchisor may, from time to time, establish one or more interior pages on Franchisor's Web site dedicated in whole or in part to the Franchised Business ("Franchisee Page").
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, Bath Tune Up retains broad discretion over its website and its content. Specifically, Bath Tune Up may modify, expand, or eliminate the website at its option. This includes the ability to refer end-users to other websites or receive referrals from other websites. All monetary and non-monetary consideration received by Bath Tune Up from advertisements, endorsements, sponsorships, or affiliate programs on its website belongs solely to Bath Tune Up. Bath Tune Up can also establish programs to encourage repeat visits to its website.
Bath Tune Up's website may feature interior pages that identify Bath Tune Up franchisees, including the franchised business, by geographic region, address, telephone numbers, and other relevant information. Bath Tune Up may also dedicate interior pages to franchise sales and investor relations. Furthermore, Bath Tune Up may establish pages specifically for the franchised business, allowing franchisees to customize or post information subject to Bath Tune Up's procedures, policies, standards, and specifications. Any modifications made by the franchisee are considered "work made for hire," with Bath Tune Up owning the intellectual property rights.
Given Bath Tune Up's explicit rights to modify, expand, or eliminate its website, it is unlikely that Bath Tune Up would be liable to franchisees for damages if it chose to disable the website. The FDD does not provide any language that would suggest Bath Tune Up would be liable in this situation. Prospective franchisees should consider this broad discretion when evaluating the importance of the website to their business and marketing strategy.