Can Spray Net modify, update, supplement, or substitute the Proprietary Marks in the future?
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 retains the right to modify, update, supplement, or substitute its Proprietary Marks in the future. 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, weaken Spray Net's rights, or if it becomes advisable, Spray Net may modify, discontinue, or substitute the marks. Franchisees are obligated to terminate or modify their use of the marks as directed by Spray Net.
However, Spray Net will not reimburse franchisees for any out-of-pocket expenses incurred to implement these changes, nor will they compensate for any loss of goodwill or revenue associated with modified or discontinued marks. Franchisees are also prohibited from making any changes to the Proprietary Marks unless directed by Spray Net in writing. This means a Spray Net franchisee must be prepared to update signage and marketing materials at their own expense if Spray Net decides to rebrand or modify its marks.