Upon termination or expiration of the Bath Tune Up agreement, what must the franchisee immediately discontinue?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of termination or expiration of this Agreement, whether by reason of Franchisee's breach, default, non-renewal, lapse of time, or other cause, in addition to any other obligations provided for in this Agreement, Franchisee will immediately discontinue the use and/or display in any manner of the Marks and all materials containing or bearing the Marks.
Franchisee will not thereafter operate or do business under the Marks or any other name or in any manner that might tend to give the general public the impression that Franchisee is in any way associated or affiliated with Franchisor, or any of the businesses conducted by Franchisor.
In that event, Franchisee also will not thereafter use, in any manner, or for any purpose, directly or indirectly, any of Franchisor's trade secrets, procedures, techniques, or materials acquired by Franchisee by virtue of the relationship established by this Agreement, including (i) any training or other materials, manuals, bulletins, instruction sheets, or supplements to any of them, or (ii) any forms, advertising matter, Marks, devices, insignias, slogans, or designs used from time to time in connection with the Franchised Business.
(b) Among the steps that Franchisee must take as a result of termination or expiration of this Agreement as described in Section 12.1(a) above, Franchisee will promptly take the following steps:
(i) Franchisee will remove at Franchisee's expense identifying Marks on the Vehicle and all other signs erected or used by Franchisee and bearing the Marks, or any word or mark indicating that Franchisee is associated or affiliated with Franchisor.
(ii) Franchisee will erase or obliterate from letterheads, stationery, printed matter, advertising or other forms used by Franchisee the Marks and all words indicating that Franchisee is associated or affiliated with Franchisor.
(iii) Franchisee will permanently discontinue all advertising to the effect that Franchisee is associated or affiliated with Franchisor.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, if the franchise agreement is terminated or expires, the franchisee must immediately stop using and displaying the Bath Tune Up marks and any materials that contain or bear those marks. The franchisee cannot operate under the Bath Tune Up marks or any other name that could suggest they are associated with Bath Tune Up.
Furthermore, the franchisee is prohibited from using any of Bath Tune Up's trade secrets, procedures, techniques, or materials acquired during the franchise relationship. This includes training materials, manuals, forms, advertising, marks, devices, insignias, slogans, or designs used in connection with the Bath Tune Up business.
In practical terms, the franchisee must remove all identifying Bath Tune Up marks from their vehicle and any other signs they use. They must also remove the marks from letterheads, stationery, advertising, and other forms. Finally, the franchisee must permanently stop all advertising that suggests they are associated with Bath Tune Up.