What is the Spray Net franchisee's obligation regarding the franchisor's standards for advertising and promotion?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
chised Business, then Franchisee may be required to pay Franchisor's then-current training tuition fee in connection with such training (in addition to reimbursing Franchisor for any costs/expenses that Franchisor's personnel incurs in connection with providing such assistance).
- G. Review of Advertising Materials. Franchisor will review and approve/reject any advertising or marketing materials proposed by Franchisee in connection with the Franchised Business as described more fully in Section 9 of this Agreement.
- H. Website. For so long as Franchisor has an active website containing content designed to promote the SPRAY-NET brand, System and Proprietary Marks (collectively, the "Website"), Franchisor will list the contact information of the Franchised Business on this Website, provided Franchisee is not in material default under this Agreement. The Website is discussed in greater detail in Section 9(G) of this Agreement.
- I. Email Addresses. Franchisor will provide Franchisee with at least one (1) email address, which: (i) Franchisee is required to use in connection with the Franchised Business; and (ii) must be the only email addresses used in connection with the Franchised Business.
- J. Private Label Products. Franchisor may directly, or indirectly through Franchisor's affiliates or designated vendors, develop and provide Franchisee with private label products or other merchandise bearing the Proprietary Marks to be used by Franchisee and/or offered and sold by Franchisee as part of the Approved Services that are provided at the Franchised Business. Franchisee may be required to purchase these items from Franchisor or any other Approved Supplier that Franchisor designates.
- K. Inspections of the Premises and Approved Vehicles. Franchisor will, as it deems appropriate in its sole discretion, conduct inspections and/or audits of the Franchised Business and, upon 48 hours' notice, of the Premises and/or Approved Vehicles to ensure that Franchisee is operating its Franchised Business in compliance with the terms of this Agreement, the Manuals and the System standards and specifications. Such inspections may include: (i) inspections of the Premises and/or Approved Vehicles and inspecting any and all books and records; (ii) conducting mystery shop services and/or inspections designed to evaluate the Approved Products and Approved Services provided by the Franchised Business and any pre-sale activities involved with the same. Inspections of the Premises and/or Approved Vehicles will only occur during normal business hours and, with respect to the Premises, will only involve the physical area that is specifically devoted to the Franchised Business. Franchisee is solely responsible for ensuring that the Franchised
Business is being operated in compliance with all applicable laws and regulations.
- L. Administration of Fund. Franchisor will administer the Fund as it deems advisable to the System in its sole discretion as described more fully in Section 9 of this Agreement.
- M. No Assumption of Liability. Franchisor shall not, by virtue of any approvals or advice provided to the Franchisee under this Agreement, including site approval or other approval provided under this Section 5, assume any responsibility or liability to Franchisee or to any third party to which it would not otherwise be responsible or liable. Franchisee acknowledges that any assistance (including site selection and project oversight) provided by Franchisor or its designee in relation to the selection or development of the Premises is only for the purpose of determining compliance with System standards and does not constitute a representation, warranty, or guarantee, express, implied or collateral, regarding the choice and location of the Premises, that the development of the Premises is free of error, nor that the Franchised Business is likely to achieve any level of volume, profit or success.
- N. Delegation of Duties. Franchisee acknowledges and agrees that any designee, employee, or agent of Franchisor may perform any duty or obligation imposed on Franchisor by the Agreement, as Franchisor may direct.
- O. Pre-Opening Obligations Acknowledgement. If Franchisee believes Franchisor has failed to provide adequate pre-opening services as provided in this Agreement, Franchisee shall notify Franchisor in writing within sixty (60) days following the opening of the Franchised Business. Absent such notice to Franchisor, Franchisee acknowledges, agrees and grants that Franchisor fully complied with all of its pre-opening and opening obligations set forth in this Agreement.
- P. Annual Conference. Franchisor may establish and conduct an annual conference for all franchise owners and may require Franchisee (or its Designated Manager) to attend this conference, but for no more than five (5) days each year. Franchisee will be solely responsible for all expenses incurred in attending the annual conference (including any employee wages), and Franchisor reserves the right to require Franchisee to pay Franchisor its then-current convention contribution fee upon demand and prior to attending.
- Q. Call Center and Sales Center. Franchisor has established a system-wide call center ("Call Center"). Franchisee must participate with the Call Center and shall pay Franchisor two hundred and ninety dollars ($290) per month for use of the Call Center beginning when the Franchised Business opens for business. Within the Call Center, Franchisor has established a sales center ("Sales Center"), which includes personnel who will provide quotes to Franchisee's customers and ultimately attempt to make sales to such customers.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, franchisees must adhere to specific advertising and promotional standards. Spray Net retains the right to review and approve or reject any advertising or marketing materials proposed by the franchisee. This ensures that all advertising aligns with the brand's standards. Franchisees are also required to use a company-provided email address for all business-related communications. Additionally, Spray Net may offer private label products that franchisees may be required to purchase from approved suppliers.
Spray Net also has the right to direct or approve how franchisees spend their local advertising funds, including requiring them to use approved suppliers, which may include Spray Net itself. Franchisees must have a dedicated phone line for the business and list it in designated internet directories and Chambers of Commerce. They must also obtain at least three telephone numbers dedicated to the franchised business, which they may be required to assign to Spray Net upon termination, expiration, or transfer of the agreement. Franchisees are obligated to list and advertise their phone numbers in both white and yellow pages directories under categories specified by Spray Net, ideally in conjunction with other Spray Net businesses.
Furthermore, Spray Net franchisees must list and advertise with Spray Net and other franchisees on electronic yellow pages and online directories designated by Spray Net, such as Google Local or Angie's List. If a franchisee fails to comply with these requests, Spray Net reserves the right to manage these listings and advertisements on the franchisee's behalf, with the franchisee responsible for covering the costs. Franchisees are restricted from advertising outside their designated territory unless the area is contiguous and not already franchised or with prior written consent from Spray Net. A significant portion, at least 75%, of the local advertising budget must be allocated to digital marketing services, paid monthly to Spray Net, which may provide these services directly or through a supplier.