Can Spray Net require a franchisee to discontinue using previously approved advertising materials?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
If you wish to use any advertising or promotional materials other than those that we have previously approved or designated within the preceding 12 months, then you must submit the materials you wish to use to us for our prior written approval at least 20 days prior to publication. We will use commercially reasonable efforts to notify you of our approval or disapproval of your proposed materials within 15 days of the date we receive the materials from you. If you do not receive our written approval during that time period, however, the proposed materials are deemed disapproved and you may not use such materials. Once approved, you may use the proposed materials for a period of 90 days, unless we: (i) prescribe a different time period for use; or (ii) require you to discontinue using the previously-approved materials in writing. We may require you to discontinue the use of any advertising or marketing material, including materials we previously approved, at any time. (Franchise Agreement, Section 9(B)). Except as otherwise provided in this Item, we are not required to spend any amount on advertising in your Designated Territory.
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 has the authority to require franchisees to stop using advertising or marketing materials, even if those materials were previously approved. Specifically, once Spray Net approves advertising or promotional materials, a franchisee can use them for a period of 90 days, unless Spray Net prescribes a different time period.
Spray Net retains the right to mandate that a franchisee discontinue using any advertising or marketing material at any time, including materials that Spray Net previously approved. This condition gives Spray Net significant control over the brand's image and marketing strategies.
For a prospective Spray Net franchisee, this means that advertising materials they develop and get approved may have a limited lifespan. Spray Net can change its marketing direction and require franchisees to adopt new materials, potentially incurring additional costs for the franchisee. It is important for franchisees to stay aligned with Spray Net's marketing strategies and be prepared to adapt to changes in advertising materials as directed by the franchisor.