Does 360 Painting have the right to supervise the personnel of a franchisee?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
9.20 Responsibility for Contractors. Franchisee agrees to cause any third party subcontractors engaged by Franchisee to perform work on behalf of Franchisee in respect of the Business to comply with all applicable requirements of this Section 9, including but not limited to the quality and performance standards required of Franchisee, as well as the insurance requirements set forth in Section 16.2 herein.
9.21 Contact Center. Franchisor maintains a contact center for the purpose of providing centralized customer service and scheduling for all businesses operating under the System and the Marks.
Franchisee must utilize this contact center exclusively, comply with any rules and regulations adopted by Franchisor (in the Brand Standards Manual or otherwise) governing the contact center and pay the fees described in Section 4.6, above.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the franchisor, 360 Painting, does not have the explicit right to directly supervise the personnel of a franchisee. However, 360 Painting does maintain a level of control over the quality of work performed, which indirectly affects how a franchisee manages its workers.
Specifically, 360 Painting requires franchisees to ensure that any third-party subcontractors they engage comply with all applicable requirements, including the quality and performance standards that are expected of the franchisee. This means that while 360 Painting doesn't directly supervise the franchisee's personnel, they hold the franchisee accountable for the quality of work performed by those personnel.
Additionally, 360 Painting maintains a contact center for customer service and scheduling, which franchisees must use exclusively. Franchisees must also comply with any rules and regulations governing the contact center. This requirement ensures a consistent customer experience across all 360 Painting franchises, further influencing operational standards.
While the FDD excerpts do not explicitly state that 360 Painting can directly supervise a franchisee's employees, the brand standards and requirements for subcontractors and the contact center imply that 360 Painting has mechanisms in place to ensure quality and consistency, which indirectly impacts personnel management at the franchise level.