In case of conflict between the amendment and the 360 Painting Franchise Agreement, which terms govern?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as otherwise provided in this Amendment, all the other terms, covenants and agreements in the Franchise Agreement shall remain the same, and the Franchise Agreement, as amended, shall continue in full force and effect.
To the extent this Amendment is inconsistent with any terms or conditions of the Franchise Agreement or the attachments to the Franchise Agreement, the terms of this Amendment shall
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 FDD, the terms of the amendment to the 360 Painting Franchise Agreement govern if there is a conflict between the amendment and the franchise agreement. Specifically, this applies to franchisees in Maryland, Virginia, Indiana, and Washington. The standard franchise agreement remains in effect if the amendment does not address a particular term or condition.
For Maryland, the addendum states that no statement signed by a franchisee can waive claims under state franchise law or disclaim reliance on statements made by 360 Painting. This provision supersedes any conflicting term in any document related to the franchise.
For Virginia, the Virginia Retail Franchising Act takes precedence. For Washington, the Washington Franchise Investment Protection Act will prevail in the event of conflicting laws. For Indiana, Indiana law will control to the extent of any inconsistency or prohibition.