For what purposes can the Bath Tune Up franchisor improve or change the System?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor is engaged in the administration and development of programs for a business ("Franchised Business") for the sale and installation of Bath Improvements using our expertise ("System") and BATH TUNE-UP® marks ("Marks"), as defined below, as well as other proprietary information owned by, and identified with, Franchisor. Franchisor is the owner of the Marks, the System, and all rights in respect of each of them. Franchisor's activities in general, and its franchise program in particular, are undertaken to develop, maintain, and enhance the Marks and Franchisor's overall reputation in retail sales and related services relating to home improvement and wood treatment services.
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.
Franchisor's Web site may be modified, expanded, or eliminated at Franchisor's option. Further, Franchisor may establish or participate in programs whereby Franchisor refers end-users to other Web sites, or Franchisor receives referrals from other Web sites. All consideration (monetary and non-monetary) received by Franchisor on account of the placement or sale of advertisements, endorsements, and sponsorships on Franchisor's Web site (including any Franchisee Page), and all consideration (monetary and non-monetary) received by Franchisor on account of affiliate programs, will belong only to Franchisor.
Franchisor may permit Franchisee to customize or post certain information to the Franchisee Page, subject to Franchisee's compliance with the procedures, policies, standards, and specifications that Franchisor may establish from time to time.
Any modifications (including customizations, alterations, submissions, or updates) to the content made by Franchisee for any purpose will be considered to be a "work made for hire" under the copyright laws, and therefore, Franchisor will own the intellectual property rights in and to the modifications.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, the franchisor has broad authority to modify the System and Marks. Bath Tune Up's activities, including its franchise program, are designed to develop, maintain, and enhance the Marks and the franchisor's overall reputation.
The franchisor may add to, substitute, or modify any or all of the Marks from time to time, by directive in the Manuals. Franchisees are obligated to accept, use, display, or cease using the Marks, including any modified or additional trade names, trademarks, Marks, logotypes, and commercial symbols. Franchisees must begin implementing these changes within 30 days of notification and use their best efforts to complete the changes as soon as practicable, at their own expense.
Bath Tune Up also retains control over its website, including any franchisee pages. The franchisor can modify, expand, or eliminate the website at its option. All revenue from advertisements and sponsorships on the website belongs solely to the franchisor. Franchisees may be permitted to customize their individual pages, but any modifications are considered "work made for hire" and owned by the franchisor. This gives Bath Tune Up significant control over its brand presentation and marketing efforts.
These stipulations mean that a Bath Tune Up franchisee must be prepared to adapt to changes in branding, marketing, and operational procedures dictated by the franchisor. While these changes are intended to benefit the system as a whole, franchisees bear the costs of implementing them. The franchisee has little control over the franchisor's decisions regarding the System and Marks.