How does the amendment to the 360 Painting Franchise Agreement specifically address litigation venue for Indiana franchisees?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
ature Page to Amendment to 360 Painting, LLC Franchise Agreement for the State of Illinois]**
ADDENDUM TO 360 PAINTING, LLC FRANCHISE DISCLOSURE DOCUMENT FOR INDIANA FRANCHISEES
The Indiana Deceptive Franchise Practices Law (Indiana Code 23-2-2.7) contains certain laws governing the relationship between a Franchisor and Franchisee. Certain of these laws conflict with provisions contained in our customary Franchise Agreement and related documents. Set forth below is an overview of certain disclosures contained in the attached Franchise Disclosure Document which are amended by virtue of the Indiana law.
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- The Franchise Agreement and related documents by and between us and you, as an Indiana franchisee, will be governed by Indiana law and not the law of the Commonwealth of Virginia.
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- You, as an Indiana franchisee, have the right to litigate in Indiana and are not restricted to the requirements in the Franchise Agreement to sue only in Albemarle Virginia.
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- The covenants of non-competition with respect to you, as an Indiana franchisee, will be limited to an area equal to the protected area granted to you and other Franchisees.
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- Indiana law prohibits a prospective general release of claims subject to the Indiana Deceptive Franchise Practices Law.
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Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 FDD, the amendment to the 360 Painting Franchise Agreement addresses litigation venue for Indiana franchisees by allowing them to litigate in Indiana. This means that Indiana franchisees are not restricted to suing only in Albemarle, Virginia, as might be required in the standard Franchise Agreement.
This modification is due to the Indiana Deceptive Franchise Practices Law, which contains laws governing the relationship between a franchisor and franchisee that may conflict with the standard Franchise Agreement. The amendment ensures that Indiana law governs the agreements between 360 Painting and its Indiana franchisees, and that Indiana franchisees are not bound by venue provisions in the Franchise Agreement that require them to litigate outside of Indiana.
This is a significant benefit for Indiana franchisees, as it allows them to resolve disputes with 360 Painting in a more convenient and cost-effective manner. Litigating in Indiana means they can avoid the expense and inconvenience of traveling to Virginia for legal proceedings. The FDD states that the sections in the Franchise Agreement that relate to venue for litigation are only applicable to the extent they are not inconsistent with or prohibited by Indiana law.