Can Bath Tune Up modify its Marks, and if so, how will franchisees be informed of these changes?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor may add to, substitute, or modify any or all of the Marks from time to time, by directive in the Manuals. Franchisee will accept, use, display, or cease using, as may be applicable, the Marks, including any modified or additional trade names, trademarks, Marks, logotypes, and commercial symbols, and will within 30 days of receiving notification, begin to implement the changes and use its best efforts to complete the changes as soon as practicable at its own expense. On the expiration or sooner termination of this Agreement, Franchisor may, if Franchisee does not do so, sign in Franchisee's name and on Franchisee's behalf any and all documents necessary, in Franchisor's judgment, to end and cause a discontinuance of the use by Franchisee of the Marks and fictitious business name registrations and Franchisor is hereby irrevocably appointed and designated as Franchisee's attorney-in-fact to do so.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to the 2025 Bath Tune Up FDD, Bath Tune Up has the right to modify its Marks. These Marks include trade names, trademarks, logotypes, and commercial symbols. Bath Tune Up will inform franchisees of any changes to the Marks through directives in the Manuals.
Franchisees are obligated to accept, use, and display any modified or additional Marks. If a franchisee is using a mark that is no longer approved, they must cease using it. Franchisees have 30 days from the notification to begin implementing these changes and must make their best effort to complete the changes as soon as possible. The franchisee bears the expense of these changes.
Upon termination or expiration of the Franchise Agreement, Bath Tune Up has the authority to ensure the franchisee discontinues the use of the Marks. If the franchisee fails to do so, Bath Tune Up is authorized to sign any necessary documents on the franchisee's behalf to end the use of the Marks and fictitious business name registrations. Bath Tune Up is irrevocably appointed as the franchisee's attorney-in-fact for this purpose.