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For 360 Painting franchisees, does the termination of the Franchise Agreement due to bankruptcy have guaranteed enforceability?

360_Painting Franchise · 2025 FDD

Answer from 2025 FDD Document

e deferred until the franchisor completes its pre-opening obligations under the franchise agreement.

Item 17, Additional Disclosures:

Our termination of the Franchise Agreement because of your bankruptcy may not be enforceable under applicable federal law (11 U.S.C.A. 101 et seq.).

You may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)

What This Means (2025 FDD)

According to the 2025 360 Painting Franchise Disclosure Document, the enforceability of terminating a Franchise Agreement due to bankruptcy is not guaranteed and may be subject to federal law. Specifically, for franchisees in California, the FDD states that the franchise agreement provision allowing for termination upon bankruptcy may not be enforceable under federal bankruptcy law. This means that if a 360 Painting franchisee in California files for bankruptcy, 360 Painting's ability to automatically terminate the franchise agreement may be restricted by federal law.

This disclosure is particularly important for prospective franchisees as it highlights a legal limitation on 360 Painting's standard termination rights. Bankruptcy laws are designed to provide individuals and businesses a chance to reorganize or liquidate debts, and these laws can sometimes override contractual agreements. The FDD advises franchisees in California to seek legal counsel to understand the implications of California and federal laws on the franchise agreement.

It is essential for potential 360 Painting franchisees to understand that the enforceability of certain clauses in the franchise agreement can vary by state and may be subject to federal laws. This underscores the importance of consulting with legal counsel to fully understand their rights and obligations before entering into a franchise agreement. This also highlights the importance of reviewing any state-specific addenda to the FDD, as these addenda outline how state laws may modify or supersede the standard franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.