Are the general release provisions in Sections 3.2(viii) and 17.4(iii) of the 360 Painting Franchise Agreement applicable in Indiana?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
Sections 3.2(viii) and 17.4(iii) of the Franchise Agreement each contain a provision requiring a extent inconsistent with the Indiana Deceptive Franchise Practices Law, IC § 23-2-2.7-1(5). general release as a condition to renewal or transfer of the franchise.
Each provision is inapplicable to the 3.
No representation or acknowledgment by the Franchisee in the Franchise Agreement is intended to and protections provided in the Indiana Franchise or shall act as a release, assignment, novation, waiver or estoppel to deprive the Franchisee of the rights under the Indiana Deceptive Franchise Practices Law.
Disclosure Law or to relieve any person of any liability 4.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 FDD, for 360 Painting franchisees in Indiana, the general release provisions in Sections 3.2(viii) and 17.4(iii) of the Franchise Agreement are not applicable. These sections typically require a franchisee to provide a general release of claims as a condition for renewing or transferring their franchise. However, due to the Indiana Deceptive Franchise Practices Law, these provisions are deemed inapplicable to Indiana franchisees. This means that an Indiana franchisee is not required to sign a general release to renew or transfer their franchise.
This protection ensures that Indiana franchisees retain their rights and protections under the Indiana Deceptive Franchise Practices Law. They cannot be forced to waive these rights through a general release required by the standard franchise agreement. This is further reinforced by the statement that no representation or acknowledgment by the franchisee can act as a waiver of their rights under Indiana law.
The Indiana Deceptive Franchise Practices Law takes precedence over conflicting terms in the standard 360 Painting Franchise Agreement. This ensures that Indiana franchisees are not subject to terms that would deprive them of the protections offered by Indiana law. This modification is specifically designed to comply with Indiana Code §§ 23-2-2.7-1 through 23-2-2.7-10 and Indiana Code §§ 23-2-2-2.5-1.
In summary, if you are considering a 360 Painting franchise in Indiana, you should be aware that the general release provisions in the standard franchise agreement do not apply to you. This provides additional protection under Indiana law, ensuring that you do not have to waive your rights to renew or transfer your franchise.