If the amendment is inconsistent with the 360 Painting Franchise Agreement, which terms govern?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as otherwise provided in this Amendment, all the other terms, covenants and agreements in the Franchise Agreement shall remain the same, and the Franchise Agreement, as amended, shall continue in full force and effect.
To the extent this Amendment is inconsistent with any terms or conditions of the Franchise Agreement or the attachments to the Franchise Agreement, the terms of this Amendment shall
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to the 2025 FDD, the terms of the amendment to the 360 Painting Franchise Agreement will govern if there are inconsistencies between the amendment and the original agreement. This applies specifically to amendments for franchisees in Maryland, New York, Virginia, and Illinois.
For Maryland franchisees, the addendum states that its provisions supersede any other term of any document executed in connection with the franchise, particularly regarding waivers of claims under state franchise law.
For New York franchisees, the amendment specifies that its terms govern to the extent of any inconsistencies with the Franchise Agreement or its attachments.
For franchisees in Virginia, the amendment ensures compliance with the Virginia Retail Franchising Act, with the amendment's terms taking precedence in case of conflicts. Similarly, for Illinois franchisees, the Illinois Franchise Disclosure Act mandates that the modifications set forth in the amendment control if there are inconsistencies with the Franchise Agreement.