Does Mr. Sandless hold the exclusive right to license the Marks to franchisees?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
names, service marks, trademarks, logos, emblems and indicia of origin, including, but not limited to, the mark "Mr. Sandless" and such other trade names, service marks, and trademarks as are now designated (and may hereafter be designated by us in writing) for use in connection with the System (hereinafter referred to as "Marks" or "Proprietary Marks");
- C. We offer franchises to qualified individuals for the right to use the System and Proprietary Marks within designated territories (the "Business"). Unless otherwise stated to the contrary herein, the term "Business" shall apply to both a Mr. Sandless Business.
- D. You have applied to us for the right to operate a Business pursuant to the terms of this Agreement, and we have approved your application in reliance upon all of the representations made in your application, including those concerning your financial resources, your business experience and interests, and the manner in which the franchise will be owned and operated.
- E. You acknowledge that you have read this Agreement and our Franchise Disclosure Document, and that you have been given an opportunity to obtain clarification of any provision that you did not understand. You also understand and agree that the terms and conditions in this Agreement are necessary to maintain our high standards of quality and service, and the uniformity of those standards at all Mr. Sandless Businesses.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, mutually agree as follows:
1. FRANCHISE GRANT
We hereby grant to you, and you hereby accept, a nonexclusive franchise to establish and operate one (1) Franchised Business pursuant to the terms of this Agreement. This Agreement does not give you the right to establish additional Franchised Businesses.
**2.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, Mr. Sandless offers franchises to qualified individuals for the right to use the System and Proprietary Marks within designated territories. However, the franchise agreement grants a nonexclusive franchise to establish and operate one Franchised Business. This means that Mr. Sandless retains the right to grant other franchises.
Mr. Sandless also retains the right to establish, or to grant others the right to establish, Mr. Sandless Businesses outside the Designated Territory. Additionally, Mr. Sandless retains the right to distribute products, whether now existing or developed in the future and whether or not designated as "proprietary products", may be distributed in the Designated Territory by Mr. Sandless, its affiliates, its franchisees, licensees or designees, in such manner and through such channels of distribution as Mr. Sandless, in its sole discretion, shall determine.
In practical terms, a Mr. Sandless franchisee's territory is not exclusive, and Mr. Sandless can sell its products through other channels, including the internet or home improvement stores. This could create competition for the franchisee. The franchisee has no right to share in any of the proceeds received by any party from such sales via alternative channels of distribution. However, Mr. Sandless will not sell the Mr. Sandless services in a "do it yourself" kit by any means which bypasses the franchise System.