Does the 360 Painting Franchise Agreement amendment affect the existing terms and covenants?

According to the 2025 360 Painting Franchise Disclosure Document, the amendments to the franchise agreement generally leave the existing terms and covenants intact. The standard language in the amendment states that unless specifically addressed or inconsistent with the amendment's terms, all other terms, covenants, and agreements in the original Franchise Agreement remain in full force and effect. This implies that the Franchise Agreement, as modified by the amendment, continues to govern the relationship between 360 Painting and the franchisee. However, the specific provisions of the amendment will take precedence where inconsistencies exist.

For franchisees in certain states like Indiana, Virginia, Maryland, and New York, the amendments address specific legal requirements and franchise laws within those states. These amendments often modify aspects of the original agreement related to termination, non-renewal, governing law, venue for litigation, non-compete covenants, and limitations periods for bringing claims. In such cases, the state laws will supersede conflicting provisions in the original agreement to protect the franchisee's rights under those state laws.

Prospective franchisees should carefully review any state-specific addenda or amendments to understand how they modify the original Franchise Agreement. It is important to note that these amendments are designed to ensure compliance with local regulations and may provide additional protections or impose specific requirements on both 360 Painting and the franchisee. Franchisees should consult with legal counsel to fully understand the implications of these amendments on their rights and obligations under the franchise agreement.