Does the 360 Painting General Release cover claims arising from acts of negligence?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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 misrepresentations, and acts of negligence, whether | |
| active or passive. This General Release shall survive the assignment or termination of any of the franchise | |
| agreements or other documents entered into by and between 360 Painting, LLC and any of the undersigned. | |
| This General Release is not intended as a waiver of those rights of the undersigned which cannot be waived | |
| under applicable state franchise laws. This General Release shall be governed by and construed in | |
| accordance with the laws of the state in which Franchisor maintains its principal place of business at the | |
| time any dispute resolution proceeding is commenced by either party without regard to its conflicts of law | |
| provisions. | |
| WITNESS: | By: Name: |
| Title: , Individually , Individually |
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
According to the 2025 FDD, the 360 Painting General Release does cover claims arising from acts of negligence. The General Release requires franchisees to unconditionally release 360 Painting from any liabilities, damages, claims, and causes of action. This release extends to claims arising from various sources, including contracts, communications, alleged misrepresentations, and acts of negligence, whether active or passive.
This means that by signing the General Release, a 360 Painting franchisee waives their right to sue 360 Painting for negligence. This includes both actions the franchisee takes and actions they fail to take. However, the General Release does not act as a waiver of rights that cannot be waived under applicable state franchise laws.
The General Release survives any assignment or termination of franchise agreements between 360 Painting and the franchisee. The General Release is governed by the laws of the state in which 360 Painting maintains its principal place of business when any dispute resolution proceeding begins.