What are the 'Manuals' as defined in the Spray Net Confidentiality and Restrictive Covenant Agreement?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS FRANCHISE AGREEMENT (the "Agreement") is made and entered into on this | day of |
|---|---|
| , 20 | ("Effective Date,") by and between: (i) Spray-Net Inc., a Delaware |
| corporation, with its principal business address at 1490 De Coulomb, Boucherville, Quebec (the | |
| "Franchisor"); and (ii) | , a (resident of) (corporation organized in) |
| (limited liability | company organized in) with a business address at |
| (the "Franchisee" |
BACKGROUND
- A. Franchisor and its affiliate/principals, as a result of the expenditure of time, skill, effort, and money, have developed and own a unique system (the "System") related to the development, opening, and ongoing operation of a business that offers and provides various types of painting-related products and services that Franchisor authorizes now or in the future (collectively, the "Approved Products" and "Approved Services", as applicable), including proprietary products and the corresponding services to existing residential homes (each, a "Client"). For purposes of this Agreement, each such business will be referred to herein as a "Spray-Net Business"
- B. Franchisor's System is comprised of various proprietary and, in some cases, distinguishing elements, including without limitation: proprietary methodology and procedures for the establishment and operation of a Spray-Net Business; standards and specifications for the supplies, inventory and methodology associated with storing, preparing, offering and providing each type of Approved Product and Approved Service; advertising; marketing; standards and specifications for equipment; customize designed chemicals, equipment, and other services; basic standards typically used as the premises for a Spray-Net Business; standards and specifications for the furniture, fixtures and equipment, including computer hardware and system, that must be used in connection with an Franchised Business; established relationships with approved or designated suppliers for certain products and services that must be utilized in connection with an Franchised Business, including certain proprietary and/or branded items; proprietary training programs, courses and training materials;
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, the 'Manuals' are defined as the confidential and proprietary operations manual and, at Spray Net's option, other instructional manuals that have been reduced to writing. These manuals are part of Spray Net's unique system related to the development, opening, and ongoing operation of a business offering painting-related products and services. The Spray-Net Web Portal also constitutes a supplement to the manuals.
Spray Net may provide supplements, updates, or revisions to the manuals via the Internet, email, the System-wide intranet/extranet, or any other electronic or traditional mediums it deems appropriate. Franchisees acknowledge that the manuals are intended to protect Spray Net's standards, systems, names, and marks, and are not intended to control the day-to-day operation of the franchisee's business.
These manuals are considered trade secrets and proprietary/confidential information of Spray Net. Franchisees are required to keep the information confidential and can only use it as reasonably necessary to operate the franchised business. Upon termination or expiration of the Franchise Agreement, all electronic or hard versions of the manuals must be immediately returned to Spray Net and cannot be used for any competitive purpose.