Can Spray Net require a franchisee to include the phrase 'Franchises Available' in local advertising?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
| Period | One Designated | Two Designated | Three Designated |
|---|---|---|---|
| Territory | Territories | Territ ories | |
| First Year of Operation | $30,000 | $30,000 | $30,000 |
| Second Year of Operation | $34,500 | $45,000 | $48,000 |
| Third Year of Operation | $40,500 | $54,000 | $60,000 |
| Fourth Year of Operation | $42,525 | $56,700 | $72,000 |
| Fifth Year of Operation | $44,651 | $59,535 | $75,600 |
| Sixth Year of Operation | $46,884 | $62,512 | $79,380 |
| Seventh Year of Operation | $49,228 | $65,637 | $83,349 |
| Eighth Year of Operation | $51,689 | $68,919 | $87,516 |
| Ninth Year of Operation | $54,274 | $72,365 | $91,892 |
| Tenth Year of Operation | $56,988 | $75,983 | $96,487 |
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- Franchisor reserves the right to require Franchisee to expend any portion of the Local Advertising Requirement on (a) products or services Franchisor directs or approves, or (b) services that Franchisee must acquire from an Approved Supplier (which currently includes Franchisor).
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- Franchisor may require that Franchisee expend any portion of the Local Advertising Requirement on services, content and other products/items that must be purchased from one (1) or more Approved Suppliers, and (ii) collect your Local Advertising Requirement and pay such Approved Supplier directly as part of its support services and control rights described hereunder.
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- At Franchisor's option, Franchisee must ensure that: (i) the Franchised Business has a dedicated phone line for use in connection with the Franchised Business only; and (ii) the Franchised Business is listed in the appropriate Internet-based directories and Chamber(s) of Commerce that Franchisor designates. Franchisee shall obtain at least three (3) telephone numbers solely dedicated to the Franchised Business, which Franchisee shall assign to Franchisor, at Franchisor's option, upon termination, expiration, or transfer of this Agreement. Franchisee must list and advertise the telephone number(s) for the Franchised Business in the "White pages" telephone director and the classified or "yellow pages" telephone directory distributed in its trade area and under such categories as Franchisor may specify from time to time. Franchisee must place the classified directory advertisement and listings together with other Spray-Net Businesses operating within the distribution area of the directory. If a joint listing is obtained, all Spray-Net Businesses listed together shall pay a pro rata share of the cost of all advertisements and listings.
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- Furthermore, Franchisee shall obtain listings and/or advertise with Franchisor and other franchisees of the System on electronic yellow pages directory and other online directors as Franchisor may designate, including Google Local, Google Business, Angie's List or similar online directory. In the event Franchisee does not comply with Franchisor's requests regarding such online listings or advertisement, Franchisor reserves the right to place, modify, or remove such listings and advertisements on behalf of Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
Based on the 2025 Spray Net Franchise Disclosure Document, it is not explicitly stated whether Spray Net can require franchisees to include the phrase 'Franchises Available' in local advertising. However, the FDD does state that Spray Net reserves the right to require franchisees to expend any portion of their local advertising requirement on products, services, or approved suppliers that Spray Net directs or approves. This suggests that Spray Net has significant control over the content and direction of local advertising.
Spray Net also has the right to review and approve or reject any advertising or marketing materials proposed by the franchisee. This gives Spray Net further control over the messaging and content of franchisee advertising. Additionally, Spray Net can specify the categories under which the franchisee must list and advertise their telephone number in directories.
While the FDD does not specifically address the inclusion of the phrase 'Franchises Available,' the broad control Spray Net retains over advertising content and spending suggests that they could potentially mandate such a phrase if they deemed it necessary for brand consistency or marketing purposes.
A prospective franchisee should seek clarification from Spray Net regarding the specific requirements for advertising content, including whether there are any mandatory phrases or disclaimers that must be included in local advertising materials.