What must a 360 Painting franchisee do to hold itself out to the public as an independent contractor?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
- (vii) Franchisee shall be required to use the Marks on all materials representing the Business, including without limitation business cards, stationary, e-mail correspondence, apparel, checks, proposals, contracts, signage, Vehicle advertising and marketing and promotional materials, provided
Franchisee (1) accurately depicts the Marks on the materials, (2) includes a statement on the materials indicating that the business is independently owned and operated by Franchisee, (3) does not use the Marks in connection with any other trademarks, trade names or service marks unless specifically approved by Franchisor in writing prior to such use, and (4) makes available to Franchisor, upon its request, a copy of any materials depicting the Marks.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
According to the 2025 360 Painting Franchise Disclosure Document, a franchisee must take specific steps to represent their business accurately. The franchisee must include a statement on all materials representing the business, indicating that the business is independently owned and operated by the franchisee. This applies to business cards, stationery, email correspondence, apparel, checks, proposals, contracts, signage, vehicle advertising, and marketing and promotional materials.
In addition to the disclaimer of independent ownership, the franchisee must accurately depict the 360 Painting marks on all materials. The franchisee cannot use the marks in connection with any other trademarks, trade names, or service marks unless specifically approved by 360 Painting in writing before such use. The franchisee must also provide 360 Painting with a copy of any materials depicting the marks upon request.
These requirements ensure that while franchisees benefit from the 360 Painting brand, they also clearly communicate their independent ownership and operation to the public. This is a common practice in franchising, balancing brand consistency with the legal and practical realities of independent business ownership. By adhering to these guidelines, 360 Painting franchisees can avoid misrepresenting their relationship with the franchisor and maintain transparency with their customers.