To what extent is each provision of the Virginia Law Modification effective for 360 Painting franchisees?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
| ("Franchisee" or "you") and 360 Painting, LLC ("Franchisor"), dated | (the "Franchise Agreement") shall be amended by the addition of the following language, which should be |
|---|---|
| considered an integral part of the Franchise Agreement (the "Amendment"). | |
| Virginia Law Modification | |
| IN RECOGNITION OF THE REQUIREMENTS THE PARTIES TO THE FRANCHISE AGREEMENT | OF THE VIRGINIA RETAIL FRANCHISING ACT, AGREE AS FOLLOWS: |
| 1. | Section 4.1 and Exhibit C-1 of the Franchise Agreement are amended and supplemented as follows: |
| agreement. | The Virginia State Corporation Commission's Division of Securities and Retail Franchising requires us to defer payment of the initial franchise fee and other initial payments owed by franchisees to the franchisor until the franchisor has completed its pre-opening obligations under the franchise |
| 2. | Each provision of this Amendment will be effective only to the extent, with respect to such |
| without reference to this Amendment. | provision, that the jurisdictional requirements of the Virginia Retail Franchising Act are met independently |
| 3. govern. | 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 |
| FRANCHISOR: | FRANCHISEE: |
| 360 PAINTING, LLC | [Name of Entity or Individual] |
| By: | By: |
| Name: Paul Flick Title: CEO | Name: Title: |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 FDD, the Virginia Law Modification for 360 Painting franchisees has specific conditions that determine its effectiveness. Each provision within the amendment is effective only to the extent that it independently meets the jurisdictional requirements of the Virginia Retail Franchising Act, without relying on the amendment itself. This means that for any part of the modification to be valid, it must already comply with Virginia law.
This condition ensures that the amendment does not overreach or contradict existing Virginia laws. It protects franchisees by ensuring that any changes or additions to the franchise agreement through the amendment are firmly grounded in and compliant with Virginia's legal framework for franchising.
Furthermore, the 360 Painting Franchise Agreement remains in full effect, even with the Virginia Law Modification. The original terms, agreements, and conditions stay consistent unless the amendment explicitly states otherwise. If there are inconsistencies between the original agreement and the amendment, the terms of the amendment will take precedence. This clause clarifies that the amendment is designed to refine or adjust the existing agreement, not to completely replace it, providing a balanced approach to the franchise relationship within the legal context of Virginia.