Does the Spray Net Guaranty agreement confer any rights to use Spray Net's proprietary marks or system?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
| , 20 | "Effective | Date") | and | between | Spray-Net | Inc. | ("Franchisor") | and |
|---|---|---|---|---|---|---|---|---|
| (the | by | |||||||
| ("Franchisee"). | WITNESSETH: | |||||||
| WHEREAS, Franchisor and Franchisee are parties to a | franchise agreement (the "Franchise | |||||||
| Agreement") dated, 20, granting Franchisee the right to operate a Spray-Net | business | |||||||
| under Franchisor's proprietary marks and system at the following location: | ||||||||
EXHIBIT G TO THE FRANCHISE AGREEMENT
SPRAY-NETWORK contract provisions for terms of use, rights, and conditions.
License Grant.
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- Scope of Use: The Licensed User is hereby authorized as the Franchise Partner role to use the software The Spray-Network to add and remove users within the software under their 'franchise', manage the administration and onboarding of these users to the platform.
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- The Spray-Network is intended to be used on a Chrome Browser, Desktop and/or iPad. The list view and production sheet modules are also available on Mobile devices.
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- The Quotation module for the scope of providing quotes is to be completed on Chrome on an iPad with mobile data. It is not intended to be utilized with a mobile hot spot.
Permitted Users: The users added to the Spray-Network under a franchise location are limited to employees or business partners of the said Franchise location.
Duration: The use and rights of the Spray-Network are limited to the following terms and conditions:
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- The Franchise Owner must be considered in good standing and not in violation of a breach of contract, payment, or termination of the franchise agreement.
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- In the event of a closure or termination, the franchisor will determine the appropriate steps and limits with rights of access to the Spray-Network.
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- In the event an employee of the franchise Owner is no longer an active owner. The Franchise Owner must take the appropriate steps to remove the user from the Spray-Network, fully revoking access to the platform.
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- The Franchise Owner must pay for the Software license fees to maintain access to the Spray-Network, as outlined in the Franchise Agreement.
Restrictions on Use:
- The Spray-Network is the proprietary software of Spray-Net, and may not be sold, redistributed, reverse engineered or used in any other manner than intended for use with the franchise business model.
Intellectual Property Rights: The license rights to use the software is limited to the rights to use the software for the duration of the terms of the franchise agreement.
Maintain and display signage and advertising bearing the Proprietary Marks that reflects the current commercial image of the System and, upon notice from Franchisor, to immediately discard and cease use of Proprietary Marks or other imagery that has become obsolete and no longer authorized by Franchisor.
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 System and Franchised Businesses are primarily identified by the mark SPRAY-NET, as well as certain other trade names, trademarks, service marks and trade dress, all of which Franchisor may modify, update, supplement or substitute in the future.
- E. Franchisee recognizes the benefits derived from being identified with Franchisor, appreciates and acknowledges the distinctive and valuable significance to the public of the System and the Proprietary Marks, and understands and acknowledges the importance of Franchisor's high and uniform standards of quality, appearance, and service to the value of the System.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to the 2025 Spray Net Franchise Disclosure Document, the franchise agreement grants the franchisee the right to operate a Spray-Net business under Spray Net's proprietary marks and system. The franchisee is authorized to use Spray-Network software to add/remove users, manage administration, and onboard users to the platform. The Spray-Network is intended for use on a Chrome Browser, desktop, and/or iPad. The quotation module is to be completed on Chrome on an iPad with mobile data. Users added to the Spray-Network under a franchise location are limited to employees or business partners of the franchise location.
The franchisee must be in good standing and not in violation of a breach of contract, payment, or termination of the franchise agreement to maintain these rights. In the event of closure or termination, Spray Net will determine the appropriate steps and limits with rights of access to the Spray-Network. The franchisee must remove any employee who is no longer an active owner from the Spray-Network, fully revoking access to the platform. The franchisee must also pay software license fees to maintain access to the Spray-Network, as outlined in the Franchise Agreement.
The Spray-Network is proprietary software and may not be sold, redistributed, reverse engineered, or used in any other manner than intended for use with the franchise business model. The license rights to use the software are limited to the duration of the franchise agreement. The franchisee must maintain and display signage and advertising bearing the Proprietary Marks that reflects the current commercial image of the System and, upon notice from Spray Net, immediately discard and cease use of Proprietary Marks or other imagery that has become obsolete and no longer authorized by Spray Net.
Spray Net may change, improve, further develop, or otherwise modify the System from time to time as it deems appropriate in its discretion. The System and Franchised Businesses are primarily identified by the mark SPRAY-NET, as well as certain other trade names, trademarks, service marks, and trade dress, all of which Spray Net may modify, update, supplement, or substitute in the future. The franchisee recognizes the benefits derived from being identified with Spray Net and acknowledges the distinctive and valuable significance to the public of the System and the Proprietary Marks.