What is the franchisee's responsibility in the success of their Mr. Sandless business?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
shall, at our option, become null and void and confer no rights upon you nor any partner, shareholder, member or manager. All guarantors shall be jointly and severally liable for the performance of all of the terms, covenants and conditions hereof.
27 REPRESENTATIONS AND ACKNOWLEDGMENTS
27.1 No Warranties
We make no warranties, express or implied, nor any representation whatsoever other than as expressly set forth herein. Nothing in this or any related agreement, however, is intended to disclaim the representations made by us in the Franchise Disclosure Document that was furnished to you by us.
27.2 No Authority
NO SALESPERSON, REPRESENTATIVE OR OTHER PERSON HAS THE AUTHORITY TO BIND OR OBLIGATE US EXCEPT AN AUTHORIZED OFFICER OF OURS BY WRITTEN DOCUMENT. YOU ACKNOWLEDGE THAT NO REPRESENTATIONS, PROMISES, INDUCEMENTS, GUARANTEES OR WARRANTIES OF ANY KIND WERE MADE BY US OR ON OUR BEHALF, WHICH HAVE CAUSED YOU TO ENTER INTO THIS AGREEMENT. YOU UNDERSTAND THAT WHETHER YOU SUCCEED AS A FRANCHISEE IS DEPENDENT UPON YOUR EFFORTS, BUSINESS JUDGMENTS, THE PERFORMANCE OF YOUR EMPLOYEES, MARKET CONDITIONS AND VARIABLE FACTORS BEYOND OUR CONTROL OR INFLUENCE. YOU FURTHER UNDERSTAND THAT SOME FRANCHISEES ARE MORE, OR LESS, SUCCESSFUL THAN OTHER FRANCHISEES AND THAT WE HAVE MADE NO REPRESENTATIONS THAT YOU WILL DO AS WELL AS ANY OTHER FRANCHISEE.
27.3 Receipt
THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE MR. SANDLESS FRANCHISE LLC DISCLOSURE DOCUMENT, FINANCIAL STATEMENTS AND CONTRACTS FOR THE MR. SANDLESS BUSINESS FRANCHISE AT LEAST FOURTEEN (14) CALENDAR DAYS PRIOR TO EXECUTION OF THIS AGREEMENT OR PAYMENT OF ANY MONIES FOR THE FRANCHISE.
27.4 Your Business Efforts
YOU, AS AN INDEPENDENT BUSINESS PERSON OR ENTITY, RECOGNIZE THAT THERE ARE ECONOMIC HAZARDS IN CONNECTION WITH THE OPERATION OF ANY BUSINESS, INCLUDING THE TYPE CONTEMPLATED PURSUANT TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT WE DO NOT GUARANTEE YOUR SUCCESS, FINANCIAL OR OTHERWISE, EVEN THOUGH YOU MAY FOLLOW OR RELY ON OUR ADVICE, RECOMMENDATIONS, PROGRAMS, POLICIES AND PROCEDURES. YOU ACKNOWLEDGE THAT YOU HAVE MADE AN INDEPENDENT INVESTIGATION OF THE FRANCHISED BUSINESS AND THAT, EXCEPT AS MAY BE CONTAINED IN ITEM 19 OF THE FRANCHISE DISCLOSURE DOCUMENT, NO REPRESENTATION HAS BEEN MADE BY US REGARDING THE POTENTIAL OR FUTURE PROFITABILITY OF THE FRANCHISED BUSINESS, NOR OF THE FUTURE NUMBER OF MR. SANDLESS BUSINESSES AND ANY BENEFITS FLOWING THEREFROM. YOU UNDERSTAND THAT ANY INCOME OR PROFITS YOU MAY REALIZE WILL BE PRIMARILY THE RESULT OF YOUR EFFORTS AND LABORS, AND NOT THOSE OF US OR THIRD PARTIES. THIS FRANCHISE IS NOT A SECURITY AND YOU AGREE NOT TO RELY ON US OR ANY THIRD PARTY TO PRODUCE INCOME FOR YOU PURSUANT TO THIS AGREEMENT.
27.5 Opportunity to Review by Your Advisors
YOU ACKNOWLEDGE THAT WE HAVE RECOMMENDED, AND THAT YOU HAVE HAD THE OPPORTUNITY TO OBTAIN, REVIEW OF THIS AGREEMENT AND OUR FRANCHISE DISCLOSURE DOCUMENT BY YOUR LAWYER, ACCOUNTANT OR OTHER BUSINESS ADVISOR PRIOR TO EXECUTION HEREOF.
27.6 Execution of Agreement
EACH OF THE UNDERSIGNED PARTIES WARRANTS THAT IT HAS THE FULL AUTHORITY TO SIGN AND EXECUTE THIS AGREEMENT.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, a franchisee's success is largely dependent on their own efforts and business acumen. While Mr. Sandless provides a system, training, and support, the document makes it clear that the franchisee's individual performance, the quality of their employees, and external market conditions significantly impact the business's profitability.
The FDD emphasizes that Mr. Sandless does not guarantee any specific level of financial success. Prospective franchisees are advised to conduct their own thorough investigation of the business opportunity and to understand that their income and profits will primarily be a result of their own hard work. This aligns with the typical franchise model, where the franchisor provides the framework, but the franchisee is responsible for day-to-day operations and driving sales.
Specifically, Mr. Sandless franchisees must consistently perform not less than eight floor jobs a month within six months of their business's grand opening. If a franchisee owns multiple Mr. Sandless businesses, they must perform eight floor jobs plus an additional two floor jobs for each territory they own and operate. Failure to meet this minimum performance criteria constitutes a material default of the Franchise Agreement, potentially leading to a reduction in territory size or termination of the agreement. This performance requirement underscores the importance of active management and sales efforts by the franchisee.
In addition to meeting performance criteria, franchisees must operate their Mr. Sandless business in strict compliance with all applicable laws, regulations, and ordinances, including those related to health and safety. They must also adhere to Mr. Sandless's policies and procedures. This highlights the franchisee's responsibility for maintaining legal and operational compliance, which is crucial for protecting the brand's reputation and avoiding potential liabilities.