Who has the sole discretion to change, improve, and further develop the Mr. Sandless '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 the 2025 Mr. Sandless Franchise Disclosure Document, Mr. Sandless owns and has the exclusive right to use and incorporate any modifications, changes, and improvements to the Mr. Sandless system. This includes any developments or discoveries made by the franchisee, their principals, employees, or agents related to the system or the operation of the Mr. Sandless business. These improvements are for the benefit of other franchisees, Mr. Sandless, and its affiliates.
This means that if a franchisee develops a better way to perform a service, a new product, or a more efficient business practice, Mr. Sandless has the right to use it across the entire franchise system without any obligation to the franchisee who developed it. This clause covers a wide range of potential improvements, including new products, systems, techniques, management practices, architectural designs, and even names or phrases related to the Mr. Sandless business.
However, the franchisee is not allowed to implement or offer any of these improvements to customers until Mr. Sandless approves its use. This ensures that all changes to the system are vetted and standardized by Mr. Sandless before being rolled out to the franchise network. This clause underscores Mr. Sandless's control over the brand and operational standards, ensuring consistency across all franchise locations.
This aspect of the franchise agreement is fairly standard in the franchise industry, as franchisors typically want to maintain control over their systems and intellectual property. It is important for a prospective franchisee to understand that while their contributions may be valuable, Mr. Sandless ultimately decides whether and how those contributions are implemented within the broader system.