Does Bath Tune Up have the right to conduct social media campaigns on behalf of franchisees?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
6.8. Use of Marks in Social Media
- (a) Franchisee may not promote the Franchised Business or use the Marks in any manner on any social media site existing now or in the future (including, without limitation, on blogs, vlogs, Facebook, LinkedIn, Twitter, Instagram, Flickr, Tumblr, Pinterest, Google+, Vine and Snap Chat) or on file-, audio- or video- sharing sites, other than in accordance with Franchisor's written standards. Franchisor has final authority over all social media marketing, and Franchisee must comply with Franchisor's brand standards regarding use of social media in the operation of the Franchised Business. Franchisee may not post communications about the Franchised Business or the System that would disclose the System's confidential or proprietary information, violate any relevant laws, regulations or guidelines or violate the terms of use imposed by the social media site. Franchisee may not post communications about the Franchised Business or the System on any public-facing social media site that is not authorized by Franchisor for use by Franchisee. Franchisee must ensure that policies it adopts for its employees' social media use are consistent with the requirements for social media advertising set forth herein.
- (b) Franchisor is under no obligation to provide Franchisee with access to branded social media pages or other social media assets. Any social media pages or other social media assets that Franchisor, in its sole discretion, chooses to make available to Franchisee will be provided only on condition that Franchisee updates them regularly. Any such social media pages or other social media assets maintained by Franchisee shall be deemed "advertising" and shall be subject to all terms of this Section 6.8. Franchisor has the right, but not the obligation, to conduct social media campaigns on behalf of all, or any subset of, Franchisees via local social media.
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 has the right, but not the obligation, to conduct social media campaigns on behalf of its franchisees. These campaigns can be for all franchisees or a subset of them and will be executed via local social media channels.
While franchisees are allowed to promote their business and use Bath Tune Up's marks on social media, they must adhere to the franchisor's written standards. Bath Tune Up retains final authority over all social media marketing activities. Franchisees must ensure their social media activities comply with brand standards, relevant laws, and the terms of use of each social media site. They are prohibited from disclosing confidential information or posting unauthorized communications.
Bath Tune Up is not obligated to provide franchisees with access to branded social media pages or other social media assets. If Bath Tune Up chooses to provide these assets, franchisees must update them regularly. Any social media pages maintained by the franchisee are considered advertising and are subject to the terms outlined in Section 6.8 of the franchise agreement. Franchisees must also comply with any policies or specifications Bath Tune Up develops regarding the use of Artificial Intelligence in connection with their franchised business.