Who retains ownership and title of the Bath Tune Up Marks, manuals, and methods of operation?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
s, or (iii) which are otherwise offered or sold under the Marks. Franchisee may, however, use the Marks to sell goods or services through the Internet in compliance with the Manuals or with Franchisor's prior written consent, but then only in the manner and in accordance with the procedures, policies, standards, and specifications that Franchisor establishes from time to time.
Franchisor is the owner of, and will retain all right, title, and interest in and to the domain name "BATH TUNE-UP®", the URL, all existing and future domain names, URLs, addresses and subaddresses (including the Franchisee Page subaddresses), all computer programs and computer code (e.g., HTML, Java) used for or on Franchisor's Web site, excluding any computer programs and computer code owned by third parties (collectively, "Software"), all text, images, sounds, files, video, designs, animations, layout, color schemes, trade dress, concepts, methods, techniques, processes and data prepared for, used on or in connection with, displayed on, or collected from or through Franchisor's Web site (collectively, "Content), and all intellectual property rights in or to any of them.
(c) Franchisee must participate in programs and/or adhere to any then current policies or specifications Franchisor develops, maintains or requires from time to time with respect to the use of Artificial Intelligence in connection with the development and operation of the Franchised Businesses generally or the Franchised Business. For purposes of this Agreement, Artificial Intelligence means a field of science concerned with building computers and machines that can reason, learn, and act in such a way that would normally require human intelligence or that involves data whose scale exceeds what humans can analyze.
**6.8.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, the franchisor retains ownership and title to key elements of the franchise system. Specifically, Bath Tune Up owns the domain name "BATH TUNE-UP®", the URL, all existing and future domain names, URLs, addresses and subaddresses, and all computer programs and computer code used for the franchisor's website. This includes software and content, excluding third-party owned elements.
Bath Tune Up also retains all intellectual property rights related to the website's text, images, sounds, files, video, designs, animations, layout, color schemes, trade dress, concepts, methods, techniques, processes, and data. This means franchisees are granted the right to use these assets under the terms of the franchise agreement, but they do not own them.
Furthermore, Bath Tune Up has the right to add to, substitute, or modify any of the Marks from time to time, by directive in the Manuals. The franchisee is 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 implement these changes within 30 days of notification and complete them as soon as practicable at their own expense. Upon termination of the agreement, the franchisee must discontinue the use of the Marks, and Bath Tune Up has the power of attorney to ensure this happens.
This arrangement is typical in franchising, as it allows Bath Tune Up to maintain brand consistency and control over its intellectual property. Franchisees benefit from using established trademarks and systems, but they must adhere to the franchisor's standards and updates. Prospective franchisees should carefully review the franchise agreement and manuals to understand the full scope of these obligations and the potential costs associated with implementing changes to the Marks.