What training program must be completed to continue operating a Spray Net franchise after the franchisee's death or disability?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
t sell, transfer, assign or encumber Franchisee's interest in this Agreement or the Franchised Business (or undertake any of the actions identified in Section 13(C) of this Agreement) without Franchisor's prior written consent. Any sale, transfer, assignment or encumbrance made without Franchisor's prior written consent shall be voidable at Franchisor's option and shall subject this Agreement to termination as specified herein.
B. Death or Disability.
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- In the event of Franchisee's death, disability or incapacitation (or the death, disability or incapacitation of Franchisee's principals/owners/guarantors), Franchisee's legal representative, or Franchisee's partner's or guarantor's respective legal representative, as applicable, will have the right to continue the operation of the Franchised Business as "Franchisee" under this Agreement if: (i) within one hundred and eighty (180) days from the date of death, disability or incapacity (the "180 Day Period"), such person has obtained Franchisor's prior written approval and has executed Franchisor's then-current franchise agreement for the unexpired term of the franchise, or has furnished a personal guaranty of any partnership, corporate or limited liability company Franchisee's obligations to Franc
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, in the event of the franchisee's death, disability, or incapacitation, their legal representative has the right to continue operating the franchise under certain conditions. To do so, the legal representative must obtain Spray Net's written approval within 180 days of the event. Additionally, they must execute Spray Net's then-current franchise agreement for the remaining term of the franchise or provide a personal guarantee if the franchisee is a partnership, corporation, or limited liability company.
A critical requirement is that the legal representative must successfully complete Spray Net's training program. This training will be provided at Spray Net's then-current tuition rate, meaning the representative will need to pay for the training to maintain the franchise.
It is important to note that Spray Net is not obligated to operate the franchise or incur any obligations on behalf of the incapacitated franchisee during or after the 180-day period. This places the onus on the legal representative to take swift action and fulfill all requirements to keep the Spray Net franchise operational. This ensures that the new operator is properly trained and capable of maintaining the standards of the Spray Net brand.