factual

What is the consequence if a Spray Net franchisee attempts to dispose of any interest in the franchise?

Spray_Net Franchise · 2025 FDD

Answer from 2025 FDD Document

collectively "Client Information"), and (ii)sources and pricing matrices of any approved or designated suppliers; and (iii) any and all information, knowledge, know-how, techniques, and other data, which Franchisor designates as confidential.

ARTICLE III NON-COMPETITION

You acknowledge that as a participant in the Franchisor's System, you will receive proprietary and confidential information and materials, trade secrets, and the unique methods, procedures and techniques which Franchisor has developed. Therefore, to protect Franchisor and all Franchisor's franchisees, you agree as follows:

    1. 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:
  • 1.1. Own, maintain, engage in, be employed or serve as an officer, director, or principal of, lend money, lease space or extend credit to (or otherwise have any interest in or involvement with), any other business that offers, provides, manufactures, distributes, or sells any kind of products and services in connection with any business that: (i) offers, provides or sells products or services in connection with (a) the painting (spray-painting or traditional), and/or coating of exterior covering of doors, windows,roofs, and sidings of immovable structures including homes and other buildings, and (b) any kind of the Approved Products, Approved Services, and the Ancillary Services (as these terms are defined in the Franchise Agreement and as may be modified by Franchisor from time to time) that are offered or provided by the Franchised Business and/or other Businesses (each, a "Competing Business"); and/or (ii) offers or grants licenses or franchises, or establishesjoint ventures, for the ownership or operation of a Competing Business; provided, however, that this Sectiondoes not apply to your operation of an SPRAY-NET franchise under a valid franchise agreement withFranchisor, or your ownership of less than two percent (2%) of the interests in a publicly traded company;
  • 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 Divert or attempt to divert business or customers of any Franchisee-owned Franchised Businesses to any competitor, by direct or indirect inducement or otherwise, or do or perform, directly or

indirectly, any other act injurious or prejudicial to the goodwill associated with the Proprietary Marks or the System.

2. After the Term of the Franchise Agreement and this Guaranty.

  • 2.1 For a period of two (2) years after the expiration and nonrenewal, transfer or termination of the Franchise Agreement, regardless of the cause, neither Franchisee, its principals, owners and guarantors, nor any member of the immediate family of Franchisee, its principals, owners or guarantors, may, directly or indirectly, for themselves or through, on behalf of, or in conjunction with any other person, partnership or corporation, be involved with any business that competes in whole or in part with Franchisor by offering or granting licenses or franchises, or establishing joint ventures, for the ownership or operation of a Competing Business.

Source: Item 23 — RECEIPTS (FDD pages 75–219)

What This Means (2025 FDD)

Based on the 2025 Spray Net Franchise Disclosure Document, if a franchisee attempts to dispose of any interest in the franchise, certain restrictions apply both during and after the term of the franchise agreement.

During the term of the Franchise Agreement, the franchisee is restricted from being involved with any other business that offers similar products or services to Spray Net. This includes painting or coating services for exterior building components, as well as offering or granting licenses or franchises for a competing business. However, this restriction does not apply to the franchisee's operation of a Spray Net franchise under a valid agreement or ownership of less than 2% of interests in a publicly traded company.

After the term of the agreement, for a period of two years following expiration, nonrenewal, transfer, or termination, the franchisee and related parties are restricted from involvement with any business that competes with Spray Net. This restriction applies to any location where Spray Net has offered or sold franchises. Specifically, they cannot own, maintain, engage in, or be employed by any Competing Business within the Designated Territory, within a 50-mile radius of the Designated Territory, or within a 50-mile radius of any Spray-Net franchised business.

These restrictions aim to protect Spray Net's market position and proprietary information, ensuring that franchisees do not leverage their knowledge gained from the franchise to compete against the system, even after their franchise agreement ends. A prospective franchisee should carefully consider these limitations and how they might impact their future business endeavors.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.