Does the Mr. Sandless franchise agreement state that the system must remain static?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
- A.
Through the expenditure of time, skill, effort and money, we and our affiliate have developed and own a unique and distinctive system (the "System") relating to the establishment and operation of a professional businesses under the name "Mr Sandless" offering interior and exterior wood surface services, including indoor wood floor refinishing, including sanding, dustless refinishing, screening and recoats, sandless refinishing, wood floor care, wood floor cleaning, floor maintenance, floor care, floor refinishing, and floor cleaning for tile, VCT, terrazzo, marmoleum, linoleum, vinyl, asphalt, rubber, laminates, concrete, slate, brick, stone, granite, grout sealing and coloring, ceramic floors, cabinet refinishing and exterior wood refinishing, exterior wood care, exterior wood cleaning, and exterior wood maintenance ("Business" or Franchised Business").
The distinguishing characteristics of our System include proprietary operating procedures, proprietary products, trade dress, and standards and specifications for products and services, as periodically amended in our sole discretion (the "System").
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, the franchise agreement does not require the system to remain static. Instead, Mr. Sandless retains the right to modify the system. Specifically, the distinguishing characteristics of the Mr. Sandless system include proprietary operating procedures, products, trade dress, and standards and specifications for products and services, which can be amended at Mr. Sandless's discretion.
This means that as a franchisee, you must adapt to changes Mr. Sandless makes to its operating procedures, products, and standards. These changes are at Mr. Sandless's "sole discretion," so franchisees have limited control over these modifications.
Furthermore, if a franchisee seeks to renew their franchise agreement, they may be required to implement changes to reflect Mr. Sandless's current image, including modifications to services, equipment, service vehicles, items offered, or the business system itself. This ensures that all Mr. Sandless locations stay aligned with the brand's current standards, but it also means that franchisees may incur additional expenses to update their business to meet these new requirements upon renewal.