How often can Bath Tune Up require franchisees to implement Computer Upgrades?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to use the Computer System and Required Programs in the manner that Franchisor requires. Franchisor may charge a reasonable software license fee for any Required Programs. Franchisee agrees to implement and periodically update and make other changes to the Computer System as Franchisor requests in writing, which shall not be more often than one upgrade per year (collectively, "Computer Upgrades"). Franchisee will comply with Franchisor's written specifications (whether in the Manuals or otherwise) with respect to the Computer System and the Required Programs, and with respect to Computer Upgrades, at Franchisee's own expense.
Franchisee agrees to afford Franchisor unimpeded access to its Computer System and Required Programs in the manner, form, and at the times that Franchisor requests. Franchisee must provide Franchisor with user identifications and passwords required to access files and other information contained on the Computer System.
Because changes to technology are dynamic and not predictable within the Term, and in order to provide for inevitable but unpredictable changes to technological needs and opportunities, Franchisee agrees: (a) that Franchisor will have the right to establish, in writing, reasonable new standards to address new technologies and data security, whether published 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.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, franchisees are required to use the Computer System and Required Programs as specified by the franchisor. Bath Tune Up can mandate franchisees to implement and periodically update the Computer System, but not more often than one upgrade per year. These updates, referred to as "Computer Upgrades," must be implemented at the franchisee's own expense, following Bath Tune Up's written specifications.
This requirement ensures that all Bath Tune Up franchises operate on a standardized and up-to-date computer system, which helps maintain consistency and efficiency across the brand. However, franchisees bear the cost of these upgrades, which can impact their operating expenses. The annual upgrade frequency provides some predictability for budgeting purposes.
Furthermore, Bath Tune Up retains the right to establish new technology standards and data security measures in writing, which franchisees must adhere to. This allows Bath Tune Up to adapt to technological advancements and protect the system. Franchisees must also provide Bath Tune Up with access to their Computer System, including user identifications and passwords, to ensure compliance and facilitate support.