After the Spray Net agreement expires or is terminated, is a franchisee allowed to solicit employees of Spray Net's affiliates to discontinue employment?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
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- During the Term of the Franchise Agreement and this Guaranty. During the term of the Franchise Agreement and this Personal Guaranty, each of the undersigned may not, directly or indirectly, for themselves or through, on behalf of, or in conjunction with any other person, partnership or corporation:
- 1.2. Subject to and as permitted by applicable law, employ or seek to employ any person who is at that time employed by Franchisor, Franchisor's affiliates or any other System franchisee, or otherwise directly or indirectly induce or seek to induce such person to leave his or her employment thereat; or
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to the 2025 Spray Net Franchise Disclosure Document, during the term of the franchise agreement, a franchisee is restricted from soliciting employees of Spray Net, its affiliates, or any other Spray Net franchisee. Specifically, the franchisee cannot employ or seek to employ anyone currently working for Spray Net, its affiliates, or other franchisees within the Spray Net system. Additionally, they are prohibited from inducing or attempting to induce these individuals to leave their current employment.
This restriction is in place to protect Spray Net's workforce and maintain stability within the franchise network. By preventing franchisees from poaching employees, Spray Net aims to reduce turnover and ensure that franchisees and its affiliates can retain skilled staff. This measure helps to maintain consistent service quality and operational efficiency across the Spray Net system.
It is important to note that this restriction applies 'during the term of the Franchise Agreement'. The FDD excerpt does not specify whether this restriction continues after the franchise agreement expires or is terminated. A prospective franchisee should seek clarification from Spray Net regarding any post-termination restrictions on soliciting or employing individuals previously associated with Spray Net or its franchisees.