In the agreement, what is the role of the 'Franchisee' in relation to 360 Painting?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
W I T N E S S E T H:
WHEREAS, Franchisee desires to enter into a 360 Painting, LLC Franchise Agreement (the "Franchise Agreement") to operate a 360° Painting painting, decorating and wall finishing services business (the "Business"); and
WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Telephone Listing Agreement;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of all of which are hereby acknowledged, the parties hereto agree as follows:
1. DEFINITIONS
All terms used but not otherwise defined in this Telephone Listing Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.
2. TRANSFER; APPOINTMENT
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
According to the 2025 360 Painting Franchise Disclosure Document, the Franchisee's role is defined within the Franchise Agreement, where the franchisee desires to enter into an agreement with 360 Painting to operate a painting, decorating, and wall finishing services business. The franchisor grants the franchisee the right to operate under the 360 Painting system, utilizing the brand's trademarks and standards. The franchisee is expected to adhere to the franchisor's standards of quality and goodwill to promote the brand.
The Franchisee is responsible for paying royalty fees and other amounts due to the Franchisor or its affiliates, without withholding payment for any reason. The Franchisee cannot offset any amounts, damages, or other monies allegedly due to the Franchisee against any amounts due to the Franchisor. The Franchisee also agrees to participate in any promotion, marketing, or advertising campaigns created by the Marketing Fund.
Furthermore, the Franchisee has the option to provide services to National Accounts within their protected territory, provided they are in substantial compliance with the terms of the agreement. If the Franchisee elects not to provide services to a National Account or fails to make an election within the specified time, the Franchisor has the right to provide those services directly or through another franchisee. The Franchisee is also subject to agreements such as the Telephone Listing Agreement and the Internet Web Sites and Social Media Agreement, which are conditions for the Franchisor entering into the Franchise Agreement.