factual

Does the restriction on owning a Competing Business apply to owning, maintaining, or engaging in a business that offers painting or coating services for immovable structures, similar to Spray Net?

Spray_Net Franchise · 2025 FDD

Answer from 2025 FDD Document

bligations under, this Agreement in Franchisor's sole discretion.

14. COVENANTS

Franchisee acknowledges that, as a participant in Franchisor's System, Franchisee will receive proprietary and confidential information and materials, trade secrets, and the unique methods, procedures and techniques that Franchisor has developed. As such, Franchisee agrees to the covenants in this Section to protect Franchisor, the System, Proprietary Marks and Franchisor's other franchisees.

A. During the Term of this Agreement. During the term of this Agreement, neither Franchisee, its principals, owners, guarantors or Designated Manager(s), nor any immediate family of Franchisee, its principals, owners, guarantors or Designated Manager(s), may, directly or indirectly, for themselves or through, on behalf of, or in conjunction with any other person, partnership or corporation:

    1. Own, maintain, engage in, be employed or serve as an officer, director, or principal of, lend money or extend credit to, lease/sublease space to, or have any interest in or involvement with, any other business that: (i) offers, provides or sells products or services in connection with (a) the painting (spray-painting or traditional),and/or coating of exterior covering of doors, windows, roofs, and sidings of immovable structures including homes and other buildings, and (b) any kind of the Approved Products, Approved Services, and the Ancillary Services (as these terms are defined in this Agreement and as may be modified by Franchisor from time to time) that are offered or provided by the Franchised Business and/or other Businesses (each, a "Competing Business"); or (ii) offers or grants licenses or franchises, or establishes joint ventures, for the ownership or operation of a Competing Business. For purposes of this Agreement, a Competing Business does not include: (y) any business operated by Franchisee under a Franchise Agreement with Franchisor; or (z) any business operated by a publicly-traded entity in which Franchisee owns less than two percent (2%) legal or beneficial interest;
    1. Subject to and as permitted by applicable law, employ or seek to employ any person who is at that time employed by Franchisor, Franchisor's affiliates or any other System franchisee, or otherwise directly or indirectly induce or seek to induce such person to leave his or her employment thereat; or
    1. Divert, or attempt to divert, any prospective customer to a Competing Business in any manner.

B. After the Term of this Agreement.

    1. For a period of two (2) years after the expiration and nonrenewal, transfer or termination of this Agreement, regardless of the cause, neither Franchisee, its principals, owners and guarantors, nor any member of the immediate family of Franchisee, its principals, owners or guarantors, may, directly or indirectly, for themselves or through, on behalf of, or in conjunction with any other person, partnership or corporation, be involved with any business that competes in whole or in part with Franchisor by offering or granting licenses or franchises, or establishing joint ventures, for the ownership or operation of a Competing Business. The geographic scope of the covenant contained in this Section is any location where Franchisor can demonstrate it has offered or sold franchises as of the date this Agreement is terminated or expires.
    1. For a period of two (2) years after the expiration and nonrenewal, transfer or termination of this Agreement, regardless of the cause, neither Franchisee, its principals, owners and guarantors, nor any member of the immediate family of Franchisee, its principals, owners or guarantors, may, directly or indirectly, for themselves or through, on behalf of, or in conjunction with any other person, partnership or corporation:
    • a. Own, maintain, engage in, be employed as an officer, director, or principal of, lend money to, extend credit to, lease/sublease space to, or have any interest in or involvement with any other Competing Business:
      • i. within the Designated Territory;
      • ii. within a fifty (50) mile radius of the Designated Territory;
      • iii.

Source: Item 23 — RECEIPTS (FDD pages 75–219)

What This Means (2025 FDD)

According to Spray Net's 2025 Franchise Disclosure Document, during the term of the franchise agreement, franchisees are restricted from involvement with any business that offers painting or coating services for immovable structures, similar to Spray Net. This includes owning, maintaining, or being employed by such a business. This restriction extends to businesses that offer or sell products or services related to painting (spray-painting or traditional) and/or coating the exterior of doors, windows, roofs, and sidings of immovable structures like homes and buildings. It also covers businesses dealing with any of Spray Net's approved products, services, and ancillary services.

The restriction also applies to businesses that offer or grant licenses or franchises for the ownership or operation of a competing business. However, this restriction does not prevent a franchisee from operating a Spray Net franchise under a valid agreement with Spray Net, or from owning less than 2% of the interests in a publicly traded company.

After the franchise agreement terminates, the franchisee is restricted for two years from involvement with any business that competes with Spray Net by offering or granting licenses or franchises, or establishing joint ventures, for the ownership or operation of a Competing Business in any location where Spray Net has offered or sold franchises. Additionally, for two years post-termination, franchisees are restricted from owning, maintaining, or being involved with any other Competing Business within the Designated Territory; within a 50-mile radius of the Designated Territory; within a 50-mile radius of any Spray-Net franchised business that is open and operating; or within a 50-mile radius of any other designated territory that has been granted by Spray Net, regardless of whether a Franchised Business is open and operating in that designated territory.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.