Does Bath Tune Up have an obligation to maintain the electronic portal indefinitely?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
(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.
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 is not required to establish or maintain an Extranet and/or electronic portal. However, if Bath Tune Up does establish such a portal, franchisees must comply with all requirements for connecting to and using it in their franchised business operations.
The Extranet or electronic portal may include items such as the Bath Tune Up manuals, training materials, other assistance, and management reporting solutions. Franchisees are responsible for purchasing and maintaining the necessary computer software and hardware to connect to and utilize the Extranet or electronic portal. Bath Tune Up reserves the right to require franchisees to contribute a reasonable amount towards the cost of the Extranet's and/or electronic portal's maintenance and further development.
If a franchisee fails to comply with the policies and procedures governing the Extranet or electronic portal, Bath Tune Up may temporarily suspend the franchisee's access to it until the breach is resolved. The franchisee waives any claims against Bath Tune Up or its affiliates arising from such a suspension.
In summary, while Bath Tune Up is not obligated to create or indefinitely maintain an electronic portal, franchisees must participate and adhere to the requirements if one is established.