Can Bath Tune Up limit end-user access to the Franchisor's Web site?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
8.11. Franchisor's Web Site
- (a) Franchisor has established and will maintain from time to time one or more sites on the Internet that may, among other things, facilitate orders, provide information about the System and the products and services that are offered at businesses operated under the Marks, and allow end-users to locate a nearby business operated under the Marks (Franchisor's Web site). Franchisor has sole discretion and control over the design and content of Franchisor's Web site. Franchisor may, at its sole option, from time to time, without prior notice to Franchisee: (i) change, revise, or eliminate the design, content, and functionality of Franchisor's Web site, (ii) make operational changes to Franchisor's Web site, (iii) change or modify the URL and/or domain name of Franchisor's Web site, (iv) substitute, modify, or rearrange Franchisor's Web site, at Franchisor's sole option, including in any manner that Franchisor considers necessary or desirable to, among other things, (A) comply with applicable laws, (B) respond to changes in market conditions or technology, and (C) respond to any other circumstances, (v) limit or restrict end-user access (in whole or in part) to Franchisor's Web site, and (vi) disable or terminate Franchisor's Web site without any liability to Franchisee.
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 significant control over its website, including the ability to limit or restrict end-user access. Specifically, Bath Tune Up may, at its sole option and without prior notice to the franchisee, limit or restrict end-user access to the website in whole or in part. This gives Bath Tune Up broad discretion to manage website access as it sees fit.
This provision means that a Bath Tune Up franchisee has no guarantee of continuous or unrestricted access to the franchisor's website for potential customers. Bath Tune Up might limit access due to legal compliance, changes in market conditions, technological updates, or other circumstances it deems necessary or desirable. This could impact a franchisee's ability to generate leads or receive orders through the website if access is limited in their area.
Furthermore, Bath Tune Up can modify or eliminate the design, content, and functionality of its website, change the URL or domain name, and even disable or terminate the website entirely without liability to the franchisee. The franchisee bears the risk that changes to the website could negatively affect their business, and they have no recourse against Bath Tune Up for these changes. Prospective franchisees should consider the potential impact of these website control provisions on their business operations and customer acquisition strategies.
In addition, Bath Tune Up may establish programs that encourage repeat visits to the website by end-users. The franchisor also retains all consideration (monetary and non-monetary) received from advertisements, endorsements, sponsorships, and affiliate programs on the website, including any Franchisee Page. This means franchisees do not directly benefit financially from these website-related revenues, even if the revenue is generated from their Franchisee Page.