What standard of care is Bath Tune Up required to maintain for its Equipment?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
ill devote his or her entire time and attention during normal business hours, as defined in the Manuals, to the management, operation, and development of the Franchised Business in a manner that maximizes Gross Revenue consistent with sound marketing and business practices and will not engage in any other business activity requiring his or her active participation during normal business hours.
- (b) Vehicle. At any time after the Effective Date, but before the Operating Date, Franchisee must purchase or lease at Franchisee's expense a motor vehicle or motor vehicle and enclosed trailer meeting Franchisor's standards, as set forth in the Manuals (a "Vehicle") for use in the Franchised Business. At its expense, Franchisee must affix Franchisor's approved vehicle signage to the Vehicle in accordance with the specifications of Franchisor as described in the Manuals and provide a photograph of the fully wrapped Vehicle. Any subsequent modifications to the Mark and distinctive logo on the side of the Vehicle will be at Franchisee's expense. Franchisee will be responsible for all operating and other expenses associated with the Vehicle. Franchisee will deliver to Franchisor a copy of the bill of sale or lease for the Vehicle within ten days after Franchisee purchases or leases it. Franchisee must at all times maintain a policy of comprehensive liability insurance that meets specifications stated in the Manuals with Franchisor
as an additional named insured.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the FDD does not specify a standard of care that Bath Tune Up is required to maintain for its equipment. The document does mention that franchisees must purchase or lease a motor vehicle or motor vehicle and enclosed trailer that meets Bath Tune Up's standards, as detailed in the manuals, for use in their franchised business.
Franchisees are also responsible for affixing Bath Tune Up's approved vehicle signage to the vehicle according to the franchisor's specifications and providing a photograph of the wrapped vehicle. Any modifications to the logo on the vehicle will be at the franchisee's expense. The franchisee is responsible for all operating and other expenses associated with the vehicle and must provide a copy of the bill of sale or lease to Bath Tune Up within ten days of purchase or lease.
Furthermore, franchisees must maintain comprehensive liability insurance that meets the specifications stated in the manuals, with Bath Tune Up as an additional named insured, as long as the vehicle is used in any business operating under Bath Tune Up's name. Upon termination of the franchise agreement, the franchisee must immediately remove Bath Tune Up's name and logo from the vehicle and cease using them.
While the FDD outlines requirements for the vehicle's appearance, insurance, and usage, it does not explicitly state the standard of care required for maintaining the equipment itself. A prospective franchisee should seek clarification from Bath Tune Up regarding the specific maintenance standards expected for the vehicle and any other equipment used in the business.