Besides Section 22, what other right does Spray Net have to unilaterally modify the System and Manuals?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
The parties agree and acknowledge that Franchisor has established substantial goodwill and business value in its Proprietary Marks, expertise, and System.
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.
The foregoing lists may be provided as part of the Manuals or otherwise in writing prior to opening, and Franchisor has the right to revise, supplement or otherwise modify these lists and the Manuals at any time upon written notice to Franchisee.
Franchisor may also establish and maintain a website portal or other intranet for use by Franchisee and other Franchised Business owners (the "Spray-Net Web Portal"), where Franchisor may post content that will automatically become part of, and constitute a supplement to, the Manuals, all of which Franchisee must strictly comply with promptly after such content is posted or otherwise listed on the Spray-Net Web Portal.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, Spray Net retains the right to modify the System and Manuals. Spray Net may change, improve, further develop, or otherwise modify the System from time to time as it deems appropriate in its discretion. The Spray Net system includes proprietary methodology and procedures, standards and specifications for supplies, inventory, equipment, customized chemicals, training programs, and operations manuals. These elements collectively make up the 'System' and 'Manuals' that Spray Net can modify.
Spray Net also has the right to revise, supplement, or otherwise modify lists and the Manuals at any time upon written notice to the franchisee. Additionally, Spray Net may establish and maintain a website portal or other intranet, called the 'Spray-Net Web Portal,' where it can post content that automatically becomes part of, and constitutes a supplement to, the Manuals. Franchisees must strictly comply with this content promptly after it is posted on the Spray-Net Web Portal.
These modifications are significant because they allow Spray Net to adapt to changing market conditions, improve operational efficiency, and maintain brand consistency. However, it also means that franchisees must remain flexible and adaptable to changes implemented by Spray Net. Franchisees should regularly check the Spray-Net Web Portal and any written notices from Spray Net to stay informed about updates to the System and Manuals. Understanding the scope and frequency of these potential changes is crucial for franchisees to effectively manage their Spray Net businesses and maintain compliance with the franchise agreement.