If there is an inconsistency between the 360 Painting Franchise Agreement and the amendment, which document governs?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
s, Chapter 80C, Sections 80C.01 through 80C.22) are met independently without reference to this Amendment.
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- 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
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 franchise agreement. This applies to franchisees in Virginia, Maryland, Indiana, and New York.
This means that any changes, additions, or deletions made in the amendment take precedence over the original franchise agreement. It is important for prospective franchisees to carefully review the amendment alongside the franchise agreement to fully understand their rights and obligations.
For example, the FDD includes amendments specific to state laws that modify the original franchise agreement. These amendments address issues such as non-compete clauses, governing law, and dispute resolution venues, ensuring compliance with local regulations. Franchisees should pay close attention to these state-specific amendments as they can significantly impact the franchise relationship.