Where are the Spray Net advertising standards and requirements set forth?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
cable), including proprietary products and the corresponding services to existing residential homes (each, a "Client"). For purposes of this Agreement, each such business will be referred to herein as a "Spray-Net Business"
- B. Franchisor's System is comprised of various proprietary and, in some cases, distinguishing elements, including without limitation: proprietary methodology and procedures for the establishment and operation of a Spray-Net Business; standards and specifications for the supplies, inventory and methodology associated with storing, preparing, offering and providing each type of Approved Product and Approved Service; advertising; marketing; standards and specifications for equipment; customize designed chemicals, equipment, and other services; basic standards typically used as the premises for a Spray-Net Business; standards and specifications for the furniture, fixtures and equipment, including computer hardware and system, that must be used in connection with an Franchised Business; established relationships with approved or designated suppliers for certain products and services that must be utilized in connection with an Franchised Business, including certain proprietary and/or branded items; proprietary training programs, courses and training materials; Franchisor's confidential and proprietary operations manual and, at Franchisor's option, other instructional manuals that have been reduced to writing (collectively, the "Manuals"); and standards and specifications for advertising, bookkeeping, sales and other aspects of operating an Franchised Business. The parties agree and acknowledge that Franchisor may change, improve, further develop, or otherwise modify the System from time to time as it deems appropriate in its discretion. Franchisee hereby acknowledges and agrees that: (i) while the System and Franchisor's related materials contain information that, in isolated form, could be construed as being in the public domain, they also contain significant proprietary and confidential information that makes the System unique as a whole; and (ii) the combined methods, information, procedures, and theories that make up the total System or are contained in the relevant manuals that are proprietary and confidential.
- C. The System and Franchised Businesses are primarily identified by the mark SPRAY-NET, as well as certain other trade names, trademarks, service marks and trade dress, all of which Franchisor may modify, update, supplement or substitute in the future (collectively, the "Proprietary Marks"). The parties agree and acknowledge that Franchisor has established substantial goodwill and business value in its Proprietary Marks, expertise, and System.
- D. Franchisor is in the business of granting qualified individuals and entities a franchise for the right to independently own and operate a single Franchised Business utilizing the Proprietary Marks and System at a location that Franchisor approves in writing.
©2025 Spray-Net Inc. 2025 Spray-Net Inc. 1
- E. Franchisee recognizes the benefits derived from being identified with Franchisor, appreciates and acknowledges the distinctive and valuable significance to the public of the System and the Proprietary Marks, and understands and acknowledges the importance of Franchisor's high and uniform standards of quality, appearance, and service to the value of the System.
- F. Franchisee desires to acquire a non-exclusive franchise for the right to operate a single Franchised Business, and has submitted an application to obtain such a franchise from Franchisor.
- G. Franchisor is willing to grant Franchisee the right to operate a Franchised Business based on the representations contained in the franchise application and subject to the terms and conditions within this Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows:
1. PREAMBLES, ACKNOWLEDGEMENTS AND REPRESENTATIONS OF FRANCHISEE
- A.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, the advertising standards and requirements are detailed in multiple sections of the agreement. The System developed by Spray Net includes advertising and marketing as distinguishing elements. Section 9 of the Franchise Agreement further elaborates on the review process for advertising and marketing materials proposed by the franchisee, where Spray Net will either approve or reject these materials.
Spray Net retains significant control over advertising. Franchisees may be required to spend their local advertising funds on products or services directed or approved by Spray Net, or on services from approved suppliers, which may include Spray Net itself. Spray Net can also mandate that franchisees use approved suppliers for advertising services and content, collecting the local advertising fees directly to pay these suppliers.
Furthermore, franchisees must have a dedicated phone line and list their business in Internet-based directories and Chambers of Commerce designated by Spray Net. They are also required to obtain at least three telephone numbers dedicated to the franchised business, which may be assigned to Spray Net upon termination, expiration, or transfer of the agreement. Franchisees must list and advertise these numbers in both white and yellow pages under categories specified by Spray Net, ideally in conjunction with other Spray Net businesses. Franchisees are also expected to list and advertise on electronic yellow pages and online directories designated by Spray Net, such as Google Local or Angie's List, with Spray Net reserving the right to manage these listings if the franchisee does not comply with their requests.
Prospective franchisees should carefully review Section 9 of the Franchise Agreement to fully understand Spray Net's advertising standards, requirements, and the extent of control Spray Net retains over local advertising efforts. Understanding these obligations is crucial for budgeting and planning marketing strategies as a Spray Net franchisee.