Can Spray Net make promotional materials available to franchisees at the franchisee's expense?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
We may make available to you from time to time, at your expense, certain promotional materials, including digital content, social media and other "profile" templates, merchandising materials, point-of-purchase materials, special promotions, and similar advertising and promotional materials. Subject to applicable laws, you must participate in certain promotions and advertising programs that we establish as an integral part of our System, provided these activities do not contravene regulations and laws of appropriate governmental authorities. (Franchise Agreement, Section 9(A)).
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 38–49)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, Spray Net may make promotional materials available to franchisees, but the franchisee will bear the expense. These promotional materials can include digital content, social media templates, merchandising materials, point-of-purchase materials, and special promotions. All advertising and promotion used by the franchisee must be approved by Spray Net and conform to their standards. Franchisees are also required to participate in certain promotions and advertising programs that Spray Net establishes as part of their system, provided these activities comply with applicable laws and regulations.
If a franchisee wants to use advertising or promotional materials that Spray Net has not previously approved or designated within the last 12 months, they must submit these materials for written approval at least 20 days before publication. Spray Net will then use commercially reasonable efforts to notify the franchisee of their approval or disapproval within 15 days. If the franchisee does not receive written approval within this timeframe, the materials are considered disapproved and cannot be used. Once approved, the franchisee can use the materials for 90 days, unless Spray Net specifies a different time period or requires the franchisee to discontinue using the materials in writing.
Spray Net retains the right to require franchisees to discontinue the use of any advertising or marketing material, even those previously approved, at any time. This allows Spray Net to maintain brand consistency and ensure that all marketing efforts align with their overall strategy. Except as otherwise provided in the FDD, Spray Net is not required to spend any amount on advertising in the franchisee's designated territory. This means that franchisees may need to rely on their own marketing efforts, using materials approved by Spray Net, to promote their business within their territory.