As an Indiana franchisee of 360 Painting, are you restricted to suing only in Albemarle, Virginia?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO 360 PAINTING, LLC FRANCHISE DISCLOSURE DOCUMENT FOR INDIANA FRANCHISEES
The Indiana Deceptive Franchise Practices Law (Indiana Code 23-2-2.7) contains certain laws governing the relationship between a Franchisor and Franchisee. Certain of these laws conflict with provisions contained in our customary Franchise Agreement and related documents. Set forth below is an overview of certain disclosures contained in the attached Franchise Disclosure Document which are amended by virtue of the Indiana law.
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- The Franchise Agreement and related documents by and between us and you, as an Indiana franchisee, will be governed by Indiana law and not the law of the Commonwealth of Virginia.
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- You, as an Indiana franchisee, have the right to litigate in Indiana and are not restricted to the requirements in the Franchise Agreement to sue only in Albemarle Virginia.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 42–46)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, Indiana franchisees have specific rights that override standard franchise agreement terms. As stated in the addendum for Indiana franchisees, you have the right to litigate in Indiana. You are not restricted to the standard requirement in the Franchise Agreement to sue only in Albemarle, Virginia. This addendum ensures that Indiana law governs the franchise agreement, not the law of Virginia.
This is a significant benefit for Indiana franchisees, as it allows them to resolve legal disputes in their home state, which can save on travel costs and legal fees. It also means that Indiana courts, familiar with Indiana law, will handle any litigation. This provision protects the franchisee from having to navigate the legal system in Virginia, where 360 Painting's principal place of business is located.
It is important to note that while the Indiana addendum provides these protections, all other terms of the franchise agreement remain in effect as long as they do not conflict with Indiana law. Franchisees should carefully review both the standard franchise agreement and the Indiana-specific addendum to fully understand their rights and obligations.