What is the role of Mr. Sandless Franchise LLC in relation to the franchisee?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
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Attachment 2 – Territory Addendum and Map
Attachment 3 – Guaranty Agreement and Acknowledgment by Guarantor
Attachment 4 – Confidentiality and Non-Competition Agreement
Attachment 5 – Internet Advertising, Social Media, Software and Telephone Listing Agreement
MR. SANDLESS FRANCHISE LLC SINGLE UNIT FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT (the "Agreement") is made as of the Effective Date set forth on the Data Sheet of this Agreement between Mr. Sandless Franchise LLC, a Pennsylvania limited liability company with an address at 2970 Concord Rd, Aston, PA 19014 ("we", "us", "our", "Franchisor", "Mr. Sandless" and the Franchisee identified in the Data Sheet ("Franchisee", "you"). The information contained in the Data Sheet is incorporated into this Agreement.
BACKGROUND
- 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").
- B. The System is identified by certain trade 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.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 FDD, Mr. Sandless Franchise LLC, identified as "we", "us", "our", "Franchisor", or "Mr. Sandless", enters into a franchise agreement with the franchisee, granting the franchisee the right to operate a Mr. Sandless business. This includes conducting internet-based advertising, maintaining social media and software accounts, and using telephone listings linked to the Mr. Sandless brand. Mr. Sandless has developed a unique system relating to the establishment and operation of Mr. Sandless businesses, characterized by proprietary operating procedures, products, trade dress, and standards for products and services.
Mr. Sandless does not guarantee the franchisee's success, financial or otherwise, even if the franchisee follows their advice, recommendations, programs, policies, and procedures. The success of the franchisee depends on their efforts, business judgments, the performance of their employees, market conditions, and other variable factors. The franchisee is considered an independent business person or entity and acknowledges the economic hazards associated with operating any business. Mr. Sandless emphasizes that any income or profits realized will primarily result from the franchisee's efforts and labor.
Mr. Sandless requires the franchisee to adhere to the terms of the franchise agreement and related agreements, such as the Internet Advertising, Social Media, Software and Telephone Listing Agreement. Upon termination of the Franchise Agreement, the franchisee must transfer all rights and interests in websites, social media accounts, software accounts, and telephone listings to Mr. Sandless. Mr. Sandless's rights and the franchisee's obligations are binding on their respective successors, assigns, and affiliated persons or entities. The Franchise Agreement is governed by the laws of the Commonwealth of Pennsylvania.
Mr. Sandless recommends that the franchisee obtain legal and financial advice before signing the agreement. The franchisee acknowledges that they 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 Mr. Sandless regarding the potential or future profitability of the franchised business, nor of the future number of Mr. Sandless businesses and any benefits flowing therefrom.