Is Mr. Sandless's approval required before a franchisee can open their Mr. Sandless Business?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
he Grand Opening, you shall supply us with written evidence (by means of cancelled checks, paid invoices, copies of advertisements, and other information we request) of the purchase and publication of such Grand Opening Advertising, promotion and publicity. You have the right, but are not required, to spend additional sums with respect to Grand Opening Advertising.
8. CONSULTATION AND ADVICE
In addition to the assistance rendered to you prior to and in connection with your Business' Grand Opening, we will provide continuing consultation and advice as we deem advisable regarding flooring techniques, merchandising and retailing, sales techniques, personnel development and other business, operational and advertising matters which directly relate to your Business. Such assistance will be provided, at our option, by telephone, e-mail, facsimile, periodically through on-site assistance by appropriate personnel of ours, and/or other methods. We will make available to you any and all improvements and changes in our services or business methods to the same extent and in the same manner as they are made available to other franchisees.
9. YOUR OBLIGATIONS
9.1 Operations
You shall operate the Business during such hours of the day and such days of the year as we shall specify from time to time, subject only to applicable law.
9.2 Performance Criteria
You must consistently perform not less than eight (8) floor jobs a month within six (6) months of the Grand Opening of your Business. If you own multiple Mr. Sandless Businesses, then notwithstanding this Section 9.2, you must consistently perform, on a monthly basis, not less than eight (8) floor jobs plus an additional two (2) floor jobs for each territory you own and operate. Your failure to comply with this minimum performance criteria will be a material default of this Agreement and we will have the right, among others, to reduce the size of or your rights in the Designated Territory or to terminate this Agreement.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
The 2025 Mr. Sandless Franchise Disclosure Document does not explicitly state that Mr. Sandless's approval is required before a franchisee can open their Mr. Sandless Business. However, the document does state that Mr. Sandless provides consultation and advice prior to and in connection with the business's Grand Opening.
While the FDD does not directly address pre-opening approval, it emphasizes the franchisee's obligations regarding operations. Specifically, franchisees must operate the business during hours and days specified by Mr. Sandless and meet minimum performance criteria of completing at least eight floor jobs a month within six months of the Grand Opening. Failure to meet these criteria can result in consequences such as a reduction in territory size or termination of the agreement.
The Franchise Agreement also states that franchisees must comply with Mr. Sandless's policies and procedures, as well as all applicable laws and regulations. Furthermore, franchisees need to get approval from Mr. Sandless before using any marketing material in their business. If they fail to do so, they will be fined $500 per occurrence.
To clarify whether explicit approval is needed before opening, prospective franchisees should directly ask Mr. Sandless about the specific steps and requirements for the opening process. This will ensure they understand all obligations and can avoid potential issues or delays.