What is the effect of the amendment on the force and effect of the 360 Painting Franchise Agreement?
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 govern.
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 generally keeps the original agreement in full force and effect. The terms, covenants, and agreements within the original Franchise Agreement remain the same, and the Franchise Agreement, as amended, continues to be effective.
However, there is an important exception. If any terms or conditions in the amendment are inconsistent with the original Franchise Agreement or its attachments, the terms of the amendment will take precedence. This means that franchisees must pay close attention to any changes introduced by the amendment, as these changes will override the original agreement where conflicts exist.
This clause ensures that the 360 Painting franchise operates under the most current and relevant terms, especially in areas where state laws necessitate modifications. Franchisees should carefully review the amendment alongside the original agreement to fully understand their rights and obligations, noting any inconsistencies and how they are resolved by the amendment's terms.