To whom must a 360 Painting franchisee present themselves 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 FDD, a 360 Painting franchisee must include a statement on all materials representing the business indicating that the business is independently owned and operated by the franchisee. This includes business cards, stationery, email correspondence, apparel, checks, proposals, contracts, signage, vehicle advertising, and marketing and promotional materials.
This requirement ensures that customers and the public understand that the 360 Painting franchise is owned and run by an independent operator, not directly by the 360 Painting franchisor. This distinction is important for liability and customer service expectations. It also allows the franchisee to build local relationships and tailor their services to the specific needs of their community.
By requiring this disclosure, 360 Painting aims to balance brand consistency with the individual ownership of each franchise. Franchisees benefit from the established brand reputation while maintaining their status as independent business owners. This arrangement is typical in franchising, where the franchisee operates under the franchisor's brand but remains responsible for the day-to-day management and operations of their specific location.