factual

What sections of the Spray Net Franchise Agreement detail the franchisee's obligations for compliance with standards and policies?

Spray_Net Franchise · 2025 FDD

Answer from 2025 FDD Document

ons set forth in the Manuals during any eighteen (18) month period, whether or not these failures were timely cured.

  • C. Termination upon Notice and 30 Days' Cure. Except for those defaults set forth in Sections 15(A)-(B) of this Agreement, Franchisor may terminate this Agreement upon notice to Franchisee in the event Franchisee: (i) breaches or violates any other covenant, obligation, term, condition, warranty, or certification under this Agreement, including

Franchisee's failure to comply with any of Franchisor's other System standards and specifications in the operation of the Franchised Business as set forth in the Manuals; and (ii) fails to cure such breach or violation within thirty (30) days of the date Franchisee is provided with notice thereof by Franchisor.

  • D. Loss of Designated Territory. Notwithstanding the foregoing, if Franchisee is in default of this Agreement under Section 6(Z), Franchisor may, in its sole discretion and as an alternative to terminating this Agreement, elect to reduce the size of Franchisee's Designated Territory and own and operate, or license another to operate, additional Spray-Net businesses in the Designated Territory. In the event Franchisor elects to reduce Franchisee's Designated Territory and/or terminate Franchisee's exclusive rights therein, Franchisor will provide Franchisee with written notice thereof. Upon receipt of such notice, Franchisee will have ten (10) calendar days to execute an addendum to this Agreement detailing the revised boundaries of the Designated Territory and/or termination of exclusive rights therein. If Franchisee does not execute this Addendum with the prescribed time period, then Franchisor may, at its option, immediate terminate this Agreement upon notice to Franchisee.
  • E. Step-In Rights. In addition to Franchisor's right to terminate this Agreement, and not in lieu of such right or any other rights hereunder, if this Agreement is subject to termination due to Franchisee's failure to cure any default within the applicable time period (if any), then Franchisor has the right, but not the obligations, to enter the Premises and exercise complete authority with respect to the operation of the Franchised Business until such time that Franchisor determines, in its reasonable discretion, that the default(s) at issue have been cured and that Franchisee is otherwise in compliance with the terms of this Agreement. In the event Franchisor exercises these "step-in rights," Franchisee must (a) pay Franchisor a management fee amounting to eight percent (8%) of the Gross Sales of the Franchised Business during the time period that Franchisor's representatives are operating the Franchised Business (the "Management Fee"), and (b) reimburse Franchisor for all reasonable costs and overhead that Franchisor incurs in connection with its operation of the Franchised Business, including without limitation, costs of personnel supervising and staffing the Franchised Business and any travel, lodging and meal expenses. If Franchisor undertakes to operate the Franchised Business under this Section, Franchisee must indemnify, defend and hold Franchisor (and its representatives and employees) harmless from and against any Claims that may arise out of Franchisor's operation of the Franchised Business.
  • F. Non-Compliance Fee. In addition to Franchisor's rights under this Section 15, Franchisee must pay Franchisor (1) two-hundred and fifty dollars ($250) upon the first instance of Franchisee's default of this Agreement, (2) five hundred dollars ($500) upon the second instance of Franchisee's default of this Agreement, and (3) one thousand dollars ($1,000) upon the third instance of Franchisee's default of this Agreement.

16. POST-TERM OBLIGATIONS

Upon the expiration or termination of this Agreement, Franchisee shall immediately:

A. Cease Ownership and Operation of Franchised Business; Cease Affiliate with Franchisor and Brand Generally. Cease to be a franchise owner of Franchised Business under this Agreement and cease to operate the former Franchised Business under the System. If this Agreement is terminated for cause by Franchisor, then Franchisee shall not

thereafter directly or indirectly represent to the public that the former Franchised Business is or was operated or in any way connected with the System or hold itself out as a present or former franchise owner of an Franchised Business (unless Franchisor agrees otherwise in writing);

  • B. Return Manuals and Confidential Information. Return to Franchisor the Manuals and all trade secrets, Confidential Information (including all Client lists and Approved Services agreements) and other confidential materials, equipment, software and property owned by Franchisor and all copies thereof. Franchisee shall retain no copy or record of any of the foregoing; provided, however, that Franchisee may retain its copy of this Agreement, any correspondence between the parties, and any other document which Franchisee reasonably needs for compliance with any applicable provision of law;
  • C. Assignment of Approved Services Contracts, Telephone/Facsimile Numbers and Domain Names. Take such action as may that Franchisor designates to: (i) provide and assign to Franchisor the then-current and up-to-date (a) Client and property lists, and (b) any Approved Services contracts and other agreements between Clients and the former Franchised Business;

Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 36–37)

What This Means (2025 FDD)

According to Spray Net's 2025 Franchise Disclosure Document, several sections of the Franchise Agreement outline the franchisee's obligations regarding compliance with standards and policies. Section 6(Z) discusses the franchisee's failure to comply with the franchisor's System standards and specifications as set forth in the Manuals. Section 9 details the advertising and marketing standards, requiring franchisee adherence and franchisor approval of materials. Section 9(G) further discusses the website and Section 17 covers taxes and indebtedness.

Specifically, if a Spray Net franchisee fails to comply with the standards and specifications outlined in the manuals and does not correct the breach within 30 days after receiving notice from Spray Net, it constitutes a default under Section 6(Z). This non-compliance can lead to consequences such as the loss of the designated territory, where Spray Net may reduce the franchisee's territory and operate additional Spray-Net businesses within the original territory. Alternatively, Spray Net may elect to step in and take control of the franchised business operations until the defaults are cured and compliance is restored.

Furthermore, franchisees must adhere to advertising and marketing standards, submitting materials for approval at least 20 days before use, as detailed in Section 9(A) and 9(B). Spray Net has the right to revise, supplement, or modify lists and manuals, including content posted on the Spray-Net Web Portal, with which franchisees must promptly comply. Franchisees are also responsible for promptly paying all federal, state, and local taxes related to the operation of the franchised business, as stated in Section 17(A).

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.