What rights does Spray Net have as a third-party beneficiary?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise Owner understands they are responsible to comply with the privacy policy of their City, State or Province and Country. It is the responsibility of the franchise owner to notify SPRAY-NET of specific conditions and laws related to third party privacy and confidentiality regulations regarding confidentiality and consumer data protection.
All other legal contract requirements, terms and conditions must be updated by the franchise owner under the System Settings configurable to their local territory. Including and not limited to: Contract warranty terms and conditions, taxes, business license information, contact information and liability insurance details.
Acknowledgement of Risks and Limitations: It is the responsibility of the franchise owner and employees operating the software Spray-Network to verify price and paint volume calculations. SPRAY-NET is not responsible for the suggested pricing and paint quantities in the SPRAY-NETWORK. The franchise owner and employees must validate and approve all pricing and paint volume recommendations in the Spray-Network.
The Spray-Net is not responsible for loss or stalling of work and operations, difference in prices and pricing, paint.
Issues with the Spray-Network that may impact a franchise owner's operations and bottom line including and not limited to; loss of connection to the internet, failure to use the modules as intended, bugs, failure to refresh the cache following system updates.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
Based on the 2025 Spray Net Franchise Disclosure Document, the franchisee is responsible for complying with privacy policies at the city, state, province, and country levels. The franchisee must inform Spray Net of specific third-party privacy and confidentiality regulations related to consumer data protection.
Additionally, Spray Net is not held responsible for the accuracy of pricing and paint volume calculations within the Spray-Network software; the franchisee and their employees must validate and approve these recommendations. Spray Net also disclaims responsibility for operational disruptions and financial impacts resulting from issues like internet outages, misuse of software modules, software bugs, or failure to update the system cache.
Furthermore, Spray Net retains significant rights regarding the Spray-Network software. They can restrict access for franchisees who fail to pay invoices or breach the franchise agreement. Spray Net also determines the priority sequence for resolving software issues and has the discretion to decide whether to implement franchisee suggestions for improvements or custom development requests. These provisions collectively outline the allocation of responsibilities and limitations of liability between Spray Net and its franchisees, particularly concerning third-party regulations and the use of the Spray-Network software.