Is the Mr. Sandless franchisee allowed to alter the System?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
We shall own and have the exclusive right to use and incorporate in the System, for the benefit of other franchisees, us and our affiliates, any modifications, changes and improvements (collectively, "improvements") to the System, in whole or in part, developed or discovered by you, your principals or your employees or agents in connection with the System or the operation of a Business, without any liability or obligation to you. This includes, but is not limited to, discoveries or development of products, systems or techniques, management practices or procedures, architectural designs and philosophies and names or groups of words relating to the System or describing the services offered by Mr. Sandless Businesses. You acknowledge and agree that nothing in this Section 11.8 permits you to test, introduce, provide, or otherwise offer any Improvements to customers, or use any Improvement in the operation of the Franchised Business, unless and until Franchisor consents to the use of the Improvement for such purpose.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, franchisees are generally not allowed to alter the Mr. Sandless system without prior consent from the franchisor. The Mr. Sandless system includes proprietary operating procedures, products, trade dress, and standards and specifications for products and services, which Mr. Sandless can amend at their sole discretion.
Specifically, Section 11.8 of the Franchise Agreement states that Mr. Sandless owns the exclusive right to use and incorporate any modifications, changes, and improvements to the System developed by the franchisee. While franchisees may discover or develop improvements, they cannot test, introduce, provide, or otherwise offer any improvements to customers or use any improvement in the operation of the franchised business unless and until Mr. Sandless consents to the use of the improvement for such purpose.
This means that while a Mr. Sandless franchisee can innovate and potentially improve the system, they cannot implement those changes without the franchisor's approval. This allows Mr. Sandless to maintain consistency across all franchise locations and ensure that any changes align with the brand's overall strategy and standards. This is a fairly standard practice in franchising, as franchisors typically want to maintain tight control over their brand and operating procedures.