What documents are modified by the Washington Addendum for a 360 Painting franchise?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
WASHINGTON ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT, THE FRANCHISE AGREEMENT, AND ALL RELATED AGREEMENTS
The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements regardless of anything to the contrary contained therein. This Addendum applies if: (a) the offer to sell a franchise is accepted in Washington;(b)thepurchaser ofthe franchise is a resident ofWashington; and/or(c)the franchised business thatisthe subject ofthe sale isto be located or operated,wholly or partly,inWashington.
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- Conflict of Laws. In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, chapter 19.100 RCW will prevail.
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- Franchisee Bill of Rights. RCW 19.100.180 may supersede provisions in the franchise agreement or related agreements concerning your relationship with the franchisor, including in the areas of termination and renewal of your franchise.
There may also be court decisions that supersede the franchise agreement or related agreements concerning your relationship with the franchisor.
Franchise agreement provisions, including those summarized in Item17 oftheFranchiseDisclosureDocument, are subject tostate law.
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- Site of Arbitration, Mediation, and/or Litigation. In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation.
In addition, if litigation is not precluded by the franchise agreement, a franchiseemaybringanactionorproceedingarisingoutoforinconnectionwith thesaleof franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 FDD, the Washington Addendum modifies the Franchise Disclosure Document, the franchise agreement, and all related agreements for 360 Painting franchises. This addendum becomes an integral part of these documents for franchisees in Washington. Specifically, it applies if the offer to sell the franchise is accepted in Washington, if the purchaser is a resident of Washington, or if the franchised business is to be located or operated in Washington, either wholly or partly.
This means that prospective 360 Painting franchisees in Washington State should pay close attention to the Washington Addendum, as its provisions will take precedence over any conflicting terms in the standard franchise agreement or related documents. Franchisees should understand how the addendum alters their rights and obligations under the franchise agreement.
For example, the addendum addresses potential conflicts of laws, stating that the provisions of the Washington Franchise Investment Protection Act will prevail in such cases. It also mentions the Franchisee Bill of Rights under Washington law, which may supersede certain provisions in the franchise agreement related to the franchisee's relationship with 360 Painting, particularly in areas like termination and renewal. The addendum also specifies that arbitration or mediation involving a franchise purchased in Washington will occur in Washington State, unless otherwise agreed upon.
Given these modifications, it is crucial for potential 360 Painting franchisees in Washington to carefully review the Washington Addendum with legal counsel to fully understand its implications and how it affects their rights and responsibilities.