In the event of a Spray Net franchisee's death, disability, or incapacitation, how long does their legal representative have to obtain the Franchisor's approval to continue operating the franchise?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of Franchisee's death, disability or incapacitation (or the death, disability or incapacitation of Franchisee's principals/owners/guarantors), Franchisee's legal representative, or Franchisee's partner's or guarantor's respective legal representative, as applicable, will have the right to continue the operation of the Franchised Business as "Franchisee" under this Agreement if: (i) within one hundred and eighty (180) days from the date of death, disability or incapacity (the "180 Day Period"), such person has obtained Franchisor's prior written approval and has executed Franchisor's then-current franchise agreement for the unexpired term of the franchise, or has furnished a personal guaranty of any partnership, corporate or limited liability company Franchisee's obligations to Franchisor and Franchisor's affiliates; and (ii) such person successfully completes Franchisor's training program (which Franchisor will provide at Franchisor's thencurrent tuition rate).
Such assignment by operation of law will not be deemed in violation of this Agreement, provided such heirs or legatees accept the conditions imposed by the Franchise Agreement and are acceptable to Franchisor.
Franchisor is under no obligation to operate the Franchised Business, or incur any obligation on behalf of any incapacitated franchisee, during or after the 180 Day Period.
If necessary, Franchisee (or Franchisee's legal representative, as applicable) shall appoint a previously approved acting interim manager to operate the Franchised Business during the 180 Day Period.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, in the event of a franchisee's death, disability, or incapacitation, their legal representative has 180 days to obtain the franchisor's written approval to continue operating the franchise. During this 180-day period, the legal representative must also execute Spray Net's then-current franchise agreement for the unexpired term of the franchise or provide a personal guarantee of the franchisee's obligations. Additionally, the legal representative must ensure that whoever will be running the franchise successfully completes Spray Net's training program, for which tuition will be charged at the then-current rate.
This requirement ensures that Spray Net maintains control over who operates a franchise, even in unforeseen circumstances. The 180-day period provides a window for the franchisee's legal representative to make necessary arrangements while also ensuring a smooth transition that aligns with Spray Net's standards and operational requirements.
Spray Net is not obligated to operate the franchised business or incur any obligations on behalf of an incapacitated franchisee during or after this 180-day period. If necessary, the franchisee or their legal representative must appoint a previously approved acting interim manager to oversee the business during this time. This provision protects Spray Net from potential liabilities or operational disruptions that could arise from an incapacitated franchisee. It also makes clear that the legal representative has obligations to ensure the franchise continues to operate according to Spray Net's standards during the transition.