Is there a limit on how frequently Bath Tune Up can require software upgrades?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
ical support.** Your device must have high-speed (broadband, DSL, FIOS) Internet access.
We can require you to use any web-based application or software that we or others develop and can require you to enter into any software license and maintenance agreements for the software that we prescribe. We also can require you to sign or assent to a "terms of use" agreement with respect to all software that we designate. You must acquire any computer hardware necessary for the software that we designate (Franchise Agreement § 8.1(d)). There are no contractual limitations on the frequency or cost of required upgrades. Since computer technology is evolving rapidly, it is difficult to predict the extent of required upgrades or
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 27–34)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, there are no contractual limitations on the frequency of required software upgrades. Bath Tune Up can require franchisees to use any web-based application or software that they or others develop. They can also require franchisees to enter into software license and maintenance agreements and assent to a "terms of use" agreement for designated software. Franchisees are responsible for acquiring any necessary computer hardware for the software.
While the FDD states that there are no contractual limitations on the frequency of required upgrades, it does provide an estimated cost. Bath Tune Up states that it is difficult to predict the extent of required upgrades or estimated costs due to the rapidly evolving nature of computer technology. However, they estimate that such costs would not exceed $1,000 per year.
This lack of contractual limitations on upgrade frequency means that Bath Tune Up has significant discretion over how often franchisees may need to update their software. While the estimated cost provides some guidance, franchisees should be prepared for potential changes in technology requirements and associated expenses. It would be prudent for a prospective franchisee to discuss typical software update cycles and potential costs with existing franchisees to gain a better understanding of this aspect of the business.