Can Spray Net modify, update, supplement, or substitute the 'Proprietary Marks'?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
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 (collectively, the "Proprietary Marks").
If in Franchisor's reasonable determination, the use of Proprietary Marks in connection with the System will infringe or potentially infringe upon the rights of any third party, weakens or impairs Franchisor's rights in the Proprietary Marks, or it otherwise becomes advisable at any time in Franchisor's sole discretion for Franchisor to modify, discontinue, or to use one (1) or more additional or substitute trade or service Proprietary Marks then upon notice from Franchisor, Franchisee will terminate or modify, within a reasonable time, such use in the manner prescribed by Franchisor.
If Franchisor changes the Proprietary Marks in any manner, Franchisor will not reimburse Franchisee for any out-of-pocket expenses that Franchisee incurs to implement such modifications or substitutions.
Franchisor is not obligated to reimburse Franchisee for any loss of goodwill or revenue associated with any modified or discontinued Proprietary Mark, nor is Franchisor responsible for reimbursing Franchisee for any other costs or damages
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.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, Spray Net has the right to modify, update, supplement, or substitute its Proprietary Marks. The Proprietary Marks identify the System and Franchised Businesses. These marks include trade names, trademarks, service marks and trade dress.
If Spray Net determines that the use of Proprietary Marks could infringe upon a third party's rights, weakens Spray Net's rights, or is otherwise advisable, Spray Net may modify or discontinue the use of these marks. Spray Net will notify the franchisee of these changes, and the franchisee must then terminate or modify their use of the marks as instructed by Spray Net.
However, Spray Net is not responsible for reimbursing the franchisee for any out-of-pocket expenses incurred to implement these changes, nor for any loss of goodwill or revenue associated with the modified or discontinued mark. The franchisee is also prohibited from making any changes to the Proprietary Marks unless directed to do so in writing by Spray Net. This means a Spray Net franchisee bears the financial risk of rebranding costs if Spray Net decides to change its marks.