Does the 360 Painting General Release apply to unknown claims?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
s and expenses.
Each paragraph, provision and term of this Agreement shall be considered severable, and if any paragraph, provision or term herein is ruled to be unenforceable, unreasonable or invalid, such ruling shall not impair the operation of or affect the remaining portions, paragraphs, parts, terms and provisions of this Agreement, and the latter shall continue to be given full force and effect and bind the parties; and such unenforceable, unreasonable or invalid paragraphs, parts, terms or provisions shall be deemed not part of this Agreement.
[signatures on following page]
| IN WITNESS WHEREOF, each of the undersigned has affixed its signature on | |
|---|---|
| GUARANTORS: | |
| Agreed: | [Name of Guarantor] |
| FRANCHISOR: | |
| 360 PAINTING, LLC | (SEAL) Signature |
| By: | Address: |
| Name: Paul Flick | |
| Its: | |
| CEO | Social Security No.: [Name of Guarantor] (SEAL) Signature Address: |
| Social Security No.: |
TO FRANCHISE AGREEMENT
GENERAL RELEASE
| This General Release is made effective this | . In consideration for the grant by |
|---|---|
| 360 Painting, LLC, a Delaware limited liability company, to the undersigned of certain rights in connection | |
| with the operation of a 360 Painting Business and/or the transfer, termination or renewal thereof, and for | |
| other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the | |
| undersigned, individually and collectively, hereby unconditionally release, discharge, and acquit | |
| Franchisor, its past and present subsidiaries and affiliates, and its and their shareholders, owners, directors, | |
| officers, managers, members, partners, employees, agents, representatives, successors and assigns, from | |
| any and all liabilities, damages, claims, demands, costs, expenses, debts, indemnities, suits, disputes, | |
| controversies, actions and causes of action of any kind whatsoever, whether known or unknown, fixed or | |
| contingent, regarding or arising out of any | prior or existing franchise relationship, development agreement, |
| franchise agreement or any other agreement executed by any of the undersigned and 360 Painting, LLC (or | |
| any subsidiary or affiliate of 360 Painting, LLC), any 360 Painting Business (whether currently or | |
| previously owned or operated by the undersigned or any of them), or any other prior or existing business | |
| relationship between any of the undersigned and 360 Painting, LLC (or any subsidiary or affiliate of 360 | |
| Painting, LLC), which the undersigned or any of them individually or collectively has asserted, may have | |
| asserted or could have asserted against 360 Painting, LLC (or any of the aforementioned related parties) at | |
| any time up to the date of this General Release, including specifically, without limitation, claims arising | |
| from contract, written or oral communications, alleged mi |
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, the General Release does apply to unknown claims. As part of receiving rights in connection with operating a 360 Painting business, franchisees must release 360 Painting from all liabilities, damages, claims, and causes of action, whether known or unknown. This release extends to any prior or existing franchise relationship or agreement.
The release specifically covers claims arising from contracts, communications, alleged misrepresentations, and acts of negligence. It is designed to survive any assignment or termination of franchise agreements. However, the General Release does not act as a waiver of rights that cannot be waived under applicable state franchise laws.
This means that a 360 Painting franchisee is giving up the right to sue the franchisor for issues that may not even be apparent at the time of signing the release. While this is a fairly standard practice in franchising, prospective franchisees should carefully consider the implications and consult with an attorney to understand the full scope of the release and any potential risks. Franchisees should also be aware of the specific state laws governing franchise agreements, as these may provide some protection against overly broad releases.