What standards must a 360 Painting franchisee adhere to when operating the business?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee recognizes the mutual benefit to Franchisee, Franchisor and other franchisees of the System of the consistency of the appearance, services, products and advertising of the System and acknowledges and agrees that such consistencies are necessary for the protection and successful operation of 360 Painting Businesses. Franchisee covenants and warrants with respect to the operation of the Business that Franchisee and its employees and agents will comply with all of the requirements of the System and the Brand Standards Manual and will throughout the term of this Agreement:
Franchisor may update and change the Brand Standards Manual periodically to reflect changes in the System and the operating requirements applicable to 360 Painting Businesses, and Franchisee expressly agrees to comply with each requirement within such reasonable time as Franchisor may require, or if no time is specified, within 30 days after receiving notification of the requirement. The cost of implementing changes, updates or modifications to the System as called for in the Brand Standards Manual shall be borne exclusively by Franchisee regardless of the financial or other impact on Franchisee or the Business. Franchisee shall at all times ensure that its copy of the Brand Standards Manual and any other confidential materials supplied by Franchisor to Franchisee are kept current and up to date. Franchisee must keep any printed Brand Standards Manual in a secure location at the Business, and must restrict employee access to the Brand Standards Manual on a need to know basis, and take reasonable steps to prevent unauthorized disclosure or copying of any information in any printed or computerized Brand Standards Manual. If Franchisor and Franchisee have any disagreement about the most current contents of the Brand Standards Manual, Franchisor's master copy of the Brand Standards Manual will control. Upon the expiration or termination of this Agreement for any reason, Franchisee must return all copies of the Brand Standards Manual to Franchisor, and upon Franchisor's request, certify to Franchisor that Franchisee has not kept any copies in any medium.
Franchisee shall, at its own cost and expense, maintain the Vehicles in good order and repair, and make the Vehicles available for inspection by Franchisor at any place within the Protected Territory as the parties may reasonably agree.
9.11 Trade Dress. Prominently display on the Vehicles or on any real property owned or leased by Franchisee in connection with the Business the name "360 Painting" using signs, decals or paint patterns, of such nature, form, color, number, location and size, and containing such material as Franchisor may from time to time reasonably direct or approve in writing; and not display on the Vehicles or in the Business or elsewhere any sign, decal or advertising media of any kind to which Franchisor reasonably objects.
9.12 Vehicles for Use in Business. Use Franchisee's best and continuing efforts to fully promote and develop the Business and use the Vehicles primarily for the purposes designated in this Agreement and avoid any activities that would conflict or interfere with or be detrimental to such purposes.
9.13 Products & Services Offered. Sell or offer only those products and services from the Vehicles or the Business specified by Franchisor from time to time.
If Franchisor allows Franchisee's Business to participate in any new product or service test, then Franchisee will participate in the test in accordance with the Brand Standards Manual and will discontinue offering any products and services that Franchisor decides not to permanently add to the authorized list.
Following any such test, upon request from Franchisor, Franchisee will provide to Franchisor such results and data from such tests as Franchisor may reasonably request.
9.14 Full-Time & Best Efforts. Ensure that an individual who has completed the initial training program described in Section 13.1 below (the "Manager") devotes his or her best and devoted efforts to the management of the day-to-day operation of the Business.
9.15 Participation in Loyalty Programs and Promotions. If Franchisor institutes a customer loyalty program, participate in such customer loyalty program and pay all participation fees due to Franchisor or any third-party vendor, and also participate in all national, regional or local advertising and promotional activities Franchisor requires.
9.19 Customers Outside of Protected Territory. If a potential client outside the Protected Territory requests the services of Franchisee, Franchisee shall promptly refer such potential client to Franchisor or the 360 Painting franchisee that operates in the territory where such potential client's principal place of business is geographically located.
If no 360 Painting franchisee operates in such territory, Franchisee must promptly refer such potential client to Franchisor.
Following such referral, if Franchisor determines that no 360 Painting franchisee operates in the geographic area where such client's principal place of business is geographically located, Franchisor may (but is not obligated to) by written notice to Franchisee allow Franchisee to perform the requested services for such potential client.
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.
- 13.3 Training of Employees. Franchisee shall implement a training program approved by Franchisor for employees of the Business and shall be responsible for the proper training of its employees. Franchisee agrees not to employ any person who fails or refuses to complete Franchisee's training program or is unqualified to perform his or her duties at the Business in accordance with the requirements established for the operation of a 360 Painting Business.
- 13.4 Additional Training. Franchisee may have additional representatives attend Franchisor's initial training program, provided space is available and that reasonable notice is provided to Franchisor and that all travel, living, and related expenses incurred by Franchisee's representative during such training shall be at Franchisee's sole cost and expense. In addition, Franchisee and its Managers and employees shall attend and conduct such additional training programs as Franchisor may from time to time reasonably require relating to the operation of the Business and the System. Franchisee also may be required to purchase training videos or other instructional materials as specified by Franchisor from time to time in the Brand Standards Manual or otherwise.
- 13.5 Annual Convention. Franchisor shall require Franchisee and/or one or more of the operating managers of the Business to attend an annual convention. Franchisee will be responsible for the travel and living expenses of such persons, and Franchisor may charge a reasonable fee sufficient to cover the costs and expenses of the convention. Attendance at the annual convention shall be mandatory and the annual convention fee (currently $1,000 per attendee) shall apply whether or not Franchisee attends the convention. The annual convention fee shall be the amount stated in the annual convention notice from Franchisor, or if Franchisee does not attend the conference, $2,000 (or such then current amount set forth in the Brand Standards Manual).
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, franchisees must adhere to specific standards to ensure consistency and quality across the system. Franchisees must comply with all requirements outlined in the Brand Standards Manual, which 360 Painting may update periodically. Franchisees are responsible for the costs of implementing any changes or modifications detailed in the Brand Standards Manual. They must also keep their copy of the Brand Standards Manual current and secure, restricting employee access and preventing unauthorized disclosure. The franchisor's master copy of the Brand Standards Manual will control in case of disagreements. Upon termination of the franchise agreement, the franchisee must return all copies of the Brand Standards Manual.
360 Painting franchisees must use the vehicles primarily for business purposes and maintain them in good order, making them available for inspection by the franchisor. Franchisees must prominently display the "360 Painting" name on vehicles and any real property used for the business, following the franchisor's guidelines for signs, decals, and paint patterns. They cannot display any advertising media that the franchisor objects to. Franchisees are also required to ensure that any third-party subcontractors they engage comply with all applicable requirements, including quality and performance standards, as well as insurance requirements.
Franchisees must utilize 360 Painting's contact center exclusively for customer service and scheduling, complying with all rules and regulations governing the contact center and paying the associated fees. They must also ensure that a trained manager devotes their best efforts to the day-to-day operation of the business. Franchisees are obligated to participate in customer loyalty programs and promotional activities that 360 Painting requires, paying any associated fees. Franchisees are restricted from promoting the business or providing services outside their protected territory without written permission from 360 Painting. If a potential client outside the protected territory requests the franchisee's services, the franchisee must refer them to 360 Painting or the franchisee operating in that territory. Franchisees must sell or offer only those products and services specified by 360 Painting and participate in any new product or service tests as directed.
Franchisees must implement a training program approved by 360 Painting for their employees and ensure they are properly trained. They cannot employ anyone who fails to complete the training program or is unqualified to perform their duties. Franchisees and their managers and employees must attend additional training programs as reasonably required by 360 Painting. They may also be required to purchase training videos or other instructional materials. Additionally, franchisees or their operating managers must attend an annual convention, paying the associated fees, which are currently $1,000 per attendee, but increase to $2,000 if the franchisee does not attend the conference, or such then current amount set forth in the Brand Standards Manual.