Is the Spray Net franchisee allowed to use the proprietary marks in any manner other than prescribed in the agreement?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees not to make any changes or amendments whatsoever in or to the use of the Proprietary Marks unless directed by Franchisor in writing.
- I. Non-Exclusive Use of Proprietary Marks.
Franchisee understands and agrees that its right to use the Proprietary Marks is non-exclusive, that Franchisor in its sole discretion has the right to grant licenses to others to use the Proprietary Marks and obtain the benefits of the System in addition to the licenses and rights granted to Franchisee under this Agreement, and that Franchisor may develop and license other trademarks or service marks in conjunction with systems other than the System on any terms and conditions as Franchisor may deem advisable where Franchisee will have no right or interest in any such other trademarks, licenses, or systems.
- J. Acknowledgements.
With respect to Franchisee's use of the Proprietary Marks under this Agreement, Franchisee acknowledges and agrees that:
Franchisee shall not use the Proprietary Marks as part of Franchisee's corporate or any other business name, domain name, e-mail address or any social media or social networking profile/page;
Franchisee shall not hold out or otherwise use the Proprietary Marks to perform any activity or incur any obligation or indebtedness in such a manner as might in any way make Franchisor liable therefor without Franchisor's prior written
consent; and
Franchisee shall execute any documents and provide such other assistance deemed necessary by Franchisor or its counsel to obtain protection for Proprietary Marks or to maintain the continued validity of such Proprietary Marks.
- K. Use Outside Scope.
Franchisee acknowledges that the use of the Proprietary Marks outside the scope of this license without Franchisor's prior written consent is an infringement of Franchisor's exclusive right to use the Proprietary Marks and, during the term of this Agreement and after the expiration or termination hereof, Franchisee covenants not to directly or indirectly commit an act of infringement, contest or aid in contesting the validity or ownership of Franchisor's Proprietary Marks, or take any other action in derogation thereof.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, franchisees have limited rights to use the proprietary marks and must adhere strictly to the guidelines set forth in the franchise agreement. Spray Net retains full control over its proprietary marks, and the franchisee's usage is contingent upon their compliance with the agreement. Franchisees cannot use the marks in any way that is not explicitly authorized.
Spray Net franchisees are prohibited from making any changes or amendments to the use of the proprietary marks unless they receive written direction from Spray Net. This restriction ensures brand consistency and quality control across all franchise locations. The franchisee's right to use the proprietary marks is non-exclusive, meaning Spray Net can grant licenses to others and may develop other trademarks or service marks.
The agreement explicitly states that using the proprietary marks outside the scope of the license, without prior written consent from Spray Net, constitutes an infringement of Spray Net's exclusive rights. Franchisees also agree not to contest the validity or ownership of Spray Net's proprietary marks. This includes not using the proprietary marks as part of the franchisee's corporate or any other business name, domain name, e-mail address, or any social media profile.
Spray Net reserves the right to modify, discontinue, or substitute proprietary marks. If changes are made, the franchisee is expected to comply with these changes, and Spray Net is not obligated to reimburse the franchisee for any associated expenses or loss of goodwill. This underscores the importance of franchisees understanding that the brand and its associated marks are under the complete control of Spray Net, and changes can occur that impact their business.