Is the power of attorney granted to the Secured Party by Bath Tune Up revocable?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
considers necessary to appoint Franchisor as Franchisee's attorney-in-fact with full power and authority for the sole purpose of assigning these rights to Franchisor.
(c) If Franchisee fails to make or cause to be made any removal or change described in Section 12.1(b) above, then Franchisor may, after 15 days written notice, enter upon Franchisee's premises upon which the Franchised Business was being conducted without being considered guilty of trespass or any other tort, and make or cause to be made the required changes at the expense of Franchisee, which expense Franchisee agrees to pay Franchisor promptly upon demand. Franchisee irrevocably appoints Franchisor as its lawful attorney upon termination of this Agreement with authority to file any document in the name of and on behalf of Franchisee for the purpose of terminating any and all of Franchisee's rights in the fictitious business name and any of the Marks.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to the 2025 Bath Tune Up Franchise Disclosure Document, the power of attorney granted to Bath Tune Up as the franchisee's attorney-in-fact for terminating rights in the fictitious business name and any of the Marks upon termination of the agreement is irrevocable. Specifically, if a franchisee fails to make required changes after the agreement ends, Bath Tune Up can enter the premises after 15 days' written notice to make those changes at the franchisee's expense.
Furthermore, the FDD states that the franchisee irrevocably appoints Bath Tune Up as its lawful attorney to file documents terminating the franchisee's rights in the fictitious business name and the Marks. This appointment as attorney is specifically tied to the termination of the agreement.
This means that once the franchise agreement is terminated, the franchisee cannot revoke Bath Tune Up's power of attorney for the purposes described. This ensures Bath Tune Up can finalize the termination process and protect its brand and trademarks, even if the franchisee is uncooperative.