Can a 360 Painting franchisee deviate from the brand's standards, specifications, and procedures without written consent?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
You may only use your home office, or another office location selected by you with our approval, and the Vehicles for the operation of your Business, and you must not use, or permit the use of, that office or those Vehicles for any other purpose without our written consent. You must operate your Franchise in strict conformity with the methods, standards and specifications in the Brand Standards Manual and as we may require otherwise in writing. You may not deviate from these standards, specifications and procedures without our written consent.
You must offer all the services and products we specify in strict accordance with our standards and specifications. We have the right, using our reasonable business judgment, to specify the maximum prices at which you must offer some or all the products and services. You may not sell any services or products that we have not authorized, and you must discontinue offering any services or products that we may, in our sole discretion, disapprove in writing at any time. If your franchise is a conversion, you must stop using all products, supplies and equipment that we have not approved or that does not conform to our System.
We may periodically change the required or authorized products or services for 360 Painting Businesses. There are no limits on our right to do so. If we modify the System, you may be required to add or replace equipment, signs and fixtures, and you may have to make improvements or modifications as necessary to maintain uniformity with our current standards and specifications.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 42)
What This Means (2025 FDD)
According to the 2025 FDD, a 360 Painting franchisee must operate their franchise in strict compliance with the methods, standards, and specifications outlined in the Brand Standards Manual and any other written requirements from the franchisor. A franchisee cannot deviate from these standards, specifications, and procedures unless they obtain prior written consent from 360 Painting. This requirement ensures uniformity and consistency across all 360 Painting franchise locations, maintaining the brand's integrity and customer expectations.
This restriction extends to various aspects of the business, including the use of the franchisee's home office or any other approved office location and vehicles. These resources can only be used for the operation of the 360 Painting business, and any other use requires written consent from the franchisor. This control helps 360 Painting maintain its brand image and operational standards, preventing franchisees from engaging in activities that could dilute the brand or compromise its reputation.
The franchisor also has the right to specify the maximum prices at which franchisees must offer certain products and services. Franchisees are prohibited from selling any services or products that have not been authorized by 360 Painting, and they must discontinue offering any services or products that the franchisor disapproves of in writing. This control over pricing and service offerings allows 360 Painting to maintain quality control and consistency in its service offerings across all franchise locations. If a franchise is a conversion, the franchisee must stop using all products, supplies, and equipment that the franchisor has not approved or that do not conform to the 360 Painting system.
360 Painting may periodically change the required or authorized products or services for its franchisees. If the system is modified, franchisees may be required to add or replace equipment, signs, and fixtures, and make improvements or modifications to maintain uniformity with the current standards and specifications. This ensures that all 360 Painting franchises remain up-to-date with the latest brand standards and service offerings, which may require additional investment from the franchisee to comply with these changes.